Judge Refuses Apple's Request for Injunction on Galaxy Tab 10.1; Lawsuits Help Sammy
It all seems so pointless now, but Apple is still pounding away at Samsung in court regarding the similarity of their Galaxy Tab 10.1 to the iPad. The Samsung Galaxy Tab 2 (10.1) is already out and selling mildly well, making the Galaxy Tab 10.1 old news, but that hasn't deterred Apple's lawyers. They recently requested that the U.S. judge presiding over the case issue an injunction to bar the Galaxy Tab 10.1, instead of waiting for the Appellate court's ruling. Here's a quote with the details,
That's worth a laugh or two. I suppose you might admire Apple's "moxy" to try comparing dangerously mislabeled drugs to an iPad, but it's downright silly when you think about it, and obviously the judge thought so too. It seems like Apple is wasting a ton of time and money.
Last month, the Court of Appeals ruled that Apple could ask for an injunction against the Samsung GALAXY Tab 10.1, but not against any of Samsung's smartphones. Four days after this ruling, Apple refiled its motion for the injunction against the tablet and it is this motion that Judge Koh refused, saying that the Appeals Court has not issued a "formal mandate" of its findings. The Judge said that the Appeals Court could decide to "rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand," saying that any injunction she issues now could cause "confusion."
Apple tried unsuccessfully to show the judge that there was precedent for her to rule before the appellate court made its decision, citing a 1951 case where a ban was issued by the court before the Appeals Court made a "formal mandate" in order to get dangerously mislabeled drugs off the market. Once the "formal mandate" is issued, it seems likely that Apple will get its injunction. Still, it might prove to be a hollow victory for Apple since Samsung has already replaced the Samsung GALAXY Tab 10.1 with the Samsung GALAXY Tab 2 (10.1).
Ironically, we have an additional report that ties in nicely with this. Apparently, Apple may be inadvertently working against their own good with these capricious lawsuits. According to a new report, the patent fight between Apple and Samsung could actually be helping Samsung. Supposedly, unnamed spokespersons from within Samsung have indicated that the patent war with Apple is actually helping "brand awareness" for Samsung. In fact, Samsung may be actively trying to drag this patent war out and not attempt a settlement against or with Apple. It seems that the longer the fight goes on, the more people perceive the Samsung branded products in terms equal to Apple branded products. Here's what the insider had to say,
Additionally, here's a quote from the SlashGear article with more details,
”This is worth it. More consumers know about Samsung. The fight with Apple has so far been effective in boosting our brand awareness."
You can read more about Samsung Galaxy Tab products at our sister-site: Judge Refuses Apple's Request for Injunction on Galaxy Tab 10.1; Lawsuits Help Sammy.
In fact, it’s claimed, Samsung is loathe to chase a settlement with Apple for just that reason. If it can accelerate its roadmap, it could also drive up the average selling price of its handsets, a factor it apparently believes is directly connected with perceived brand value.
“The Galaxy S is inferior to the iPhone in terms of average selling price (ASP), which is the key barometer to gauge brand awareness and perception of consumers” another Korean source claims. “That’s another reason why Samsung wants to keep continuing the patent fight with Apple.”
Some evidence suggests Samsung’s expensive strategy could be paying off. The company rose two points in Interbrand’s “2011 Best Global Brands” research, to seventeenth place, with an estimated value of $23.4bn from the previous year’s $19.49bn.
Source: PhoneArena and SlashGear