Apple is sending notices to retailers to stop selling Samsung’s Galaxy Nexus and Galaxy Tab 10.1, a filing by Samsung revealed today.
Foss Patents reports that a filing by Samsung included a note about Apple sending out letters to third parties about the injunction. Samsung is saying that Apple had no right to send these out to its third-party retailers, but the injunction specifies that “officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them are enjoined from making, using, offering to sell, or selling within the United States.” Third-party retailers undoubtedly fall into the “those acting in concert” category.
Apple sued Samsung earlier this year, winning injunctions against the Galaxy Nexus smartphone and the Galaxy Tab 10.1 tablet. The two, Apple says, infringe upon its iPhone and iPad equivalents. Apple at the time said that the devices were “blatant copying” and mentioned packaging, the user interface, and form factor as points of contention.
Apple began sending those notices associated with the Galaxy Nexus on June 3, the same day U.S. Judge Lucy Koh turned down Samsung’s appeal on the injunction. Three days later, however, Judge Koh suspended the injunction.
Less than two weeks after Apple began sending out letters pertaining to the Galaxy Tab 10.1, a U.K. judge said the tablet is “not as cool,” and thereby doesn’t infringe on the iPad.
Check out Apple’s letter below:
VIA FACSIMILE, REGISTERED MAIL, FEDERAL EXPRESS AND REGISTERED AGENT
Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)
We represent Apple Inc. in the above-referenced action.
We enclose a copy of the June 26 preliminary injunction ordered entered by the U.S. District Court for the Northern District of California in this case together with a copy of Apple’s U.S. Design Patent No. D504,889 (the ‘889 patent’). With the posting of the requisite bond, the order is now in effect.
The order provides as follows:
[T]he Court issues the following order enjoining the Galaxy Tab 10.1 from sale in the United States: Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung’s Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889.
As the italicized language provides, the order applies not only to the named Samsung entities, but also to anyone “acting in concert” with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing the Galaxy Tab 10.1 tablet computer.
Please comply with the order by ceasing immediately to engage in any of the specified acts (e.g., importing, offering to sell, or selling within the United States) in connection with the Galaxy Tab 10.1 tablet computer and any product that is no more than colorably different from it and embodies the ‘889 patent’s design. At a minimum, Apple believes compliance with the Court’s order requires immediately removing for sale the Galaxy Tab 10.1 from all physical and online venues under your direction or control.
Please contact the undersigned if you have questions.
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