14 DAY TRIAL // Apple has filed a motion for a preliminary injunction with the U.S. District Court for the Northern District of California to stop sales of Samsung’s Infuse 4G, Galaxy S 4G, Droid Charge and Galaxy Tab 10.1.
The move comes in light of Samsung going to the International Trade Commission to try to ban the import of Apple's iPhone into the US.
Apple’s legal addressed the Court on Friday seeking an injunction to stop the sales of the four devices mentioned above, citing user interface similarities, and scans of the actual documents.
Florian Mueller, an intellectual property activist with 25 years of software industry expertise, has been following the legal spat between Apple and Samsung since the former first accused the latter of blatantly copying its products’ design, both hardware and software-wise.
He cites Apple’s decision to shoot for a preliminary injunction as being “a bold gamble.”
His argument is that, “If Apple's motion is granted, Samsung will be forced within a matter of a few months -- possibly less than two months -- to take it flagship Android-based products from the U.S. market.”
According to Mueller, “Just the possibility of this happening could lead Samsung to settle with Apple early on.”
However, there’s also the chance that Apple’s motion fails, in which case the Cupertino tech giant will look “weak,” he notes.
Mueller outlines that “a court grants a preliminary injunction only if there's a really strong and convincing case.”
Apple’s move is regarded by the IP expert as “a potentially decisive blow to Samsung in the U.S. market as early as possible.”
The ball is now in Samsung’s court. The Korean electronics vendor will be able to respond to Apple's opening brief, Mueller explains, after which Apple will have the chance to answer back, yet again.
Based on court documents obtained by the IP activist, Apple appears to be aiming for a court hearing on August 5.
At that time, it is believed Apple will formally ask the judge to order the injunction. Friday’s filing has only kicked off that process, Mueller concludes.