Retailers and Carriers are now receiving letters from Apple asking them to stop selling certain Samsung devices
Apple, the iPhone maker is quite serious about banning the Galaxy Tab and Nexus smartphones in the United States. This, it’s trying to achieve by sending letters to carriers and retailers.
Well, I am not the one to decide whether Apple did right or wrong, but Cupertino is quite serious about banning the Samsung Galaxy Tab and nexus smartphone in the United States. The iPhone maker has started sending memos and letters to carriers and retailers asking them to stop the Samsung devices without delay.
These letters include sections of the court orders and a postscript suggesting that the retailers are synchronous with Samsung in selling the devices even after the hearing from court. Here’s what the court orders say.
“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, [the relevant product], and any product that is no more than colorably different from this specified product and [infringe the relevant intellectual property right].”
According to Software patent news provider FOSS Patents, notice for the Galaxy Tab 10.1 was sent on June 28 and that for Samsung’s Galaxy Nexus on June 3.
Here’s a copy of the letter taken from the FOSS Patents site.
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)
Dear [recipient]:
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.
(emphasis added).
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.
Regards,
[signatory]
Enclosures
Samsung terms this as “menacing” with a statement that Apple should consider selling of at least the inventory stocks.
What are your viewpoints on this? Let us know in the comments section below.
Ankur
