Samsung’s woes are continuing to grow as bitter rival Apple is asking a judge to slap a sales ban on eight of the South Korean firm’s devices.
Since securing a historic victory against Samsung in a patent battle in the US courts, Apple’s share prices have leapt to record highs while Samsung’s have slumped. Apple’s stock rose to $675.68, while Samsung’s shares dove by 7.5 per cent, wiping a mammoth $12m from its value.
Now, not content with winning $1.05bn in damages from Samsung, Apple has wasted no time in lodging a list of products it wants pulled from stores and banned from the US market.
The products on Apple’s list are all Samsung smartphones: the Galaxy S 4G, Galaxy S2 AT&T, Galaxy S2, Galaxy S2 T-Mobile, Galaxy S2 Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.
District judge Lucy Koh has already scheduled a hearing for September 20 to consider Apple’s demands. But, with Samsung claiming it needs more time to prepare for a hearing which could have a big financial impact on the technology giant, Koh asked Apple to draw up the list so she can decide whether to postpone the hearing.
While the outcome of the Californian court battle had been eagerly awaited by the industry and consumers alike, the battle between Samsung and Apple is by no means over.
Samsung’s Galaxy tab 10.1 is already subject to a US market ban, but the South Korean firm is now asking that ban be lifted after a jury found it did not violate a design patent. But, as the jury did find Samsung infringed three of Apple’s software patents, including the bounce-back and pinch-to-zoom features, the decision will be by no means clear-cut.
And Samsung is determined to fight any ban Apple calls for. A Samsung spokesman said: “We will take all necessary measures to ensure the availability of our products in the US market.”
The firm is appealing the decision in the Californian courts, which it has already spoken out against in the strongest terms.
Meanwhile, Apple is set to hit Samsung where it believes it will hurt the most.
As most of the Samsung products found to have violated Apple’s patent were older devices which are no longer being sold, the list Apple has now presented to the courts represents devices it believes are still being sold across the US, including several versions of Samsung’s popular S2 phones, which were introduced last year.
To achieve a ban, Apple’s case before Judge Koh must pass a four-part test. Apple will have to show it has suffered “irreparable injury” from previous sales of the phone; that monetary damages are an inadequate compensation; that another remedy is warranted; and, crucially, that a ban on sale is not against the public interest.
It is that fourth point that Samsung is likely to use as a tool to fight Apple with has it has already spoken about the previous court ruling leading to a lack of choice and competition in the smartphone market for consumers.