The never ending saga of Apple vs Samsung rages on as Apple has faxed and emailed several retailers to stop the sale of the Galaxy Tab and Nexus smartphone. Â I myself is a little confused on this Â matterÂ becauseÂ last week the ban was lifted by a judge , but Apple feels a take down notice needs to be Â order.
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. Patent No. 8,086,604 (the ’604 patent’). With the posting of the requisite bond, the order is now in effect.
The order provides as follows:
For the foregoing reasons, Apple’s motion for a preliminary injunction is GRANTED. Accordingly, Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC; its officers, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined for making, using, offering to sell, or selling within the Unite States, or importing into the United States, Samsung’s Galaxy Nexus and any product that is no more than colorably different from the specified product that infringes on U.S. Patent No. 8,086,604.
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 Samsung’s Galaxy Nexus.
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 Samsung Galaxy Nexus and any product that is no more than colorably different from it and embodies the ’604 patent’s design. At a minimum, Apple believes compliance with the Court’s order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.
Please contact the undersigned if you have questions.
Along with the letter came the pertinentÂ US District Court ruling, weighing in at another 100 or so pages. It’s clear that Apple is in this until the very end, and will use any tactic available to them under the law to carry on their feudÂ with Samsung. Meanwhile, the fact remains that the ban on the Galaxy Nexus was lifted, and even Samsung admits the Galaxy Tab 10.1 is an obsolete product. To us, this seems like a lot of money being spent (guess who eats that cost in the end?) that could be used to buildÂ inexpensive 7-inch iPadsÂ andÂ larger screen iPhones, like consumers seem to want. The scanned copy of the letter itself is after the break.
[Â Androidcentral viaÂ imore]