Apple has filed another U.S. patent lawsuit against Samsung
Electronics and is seeking a preliminary injunction asking a federal
judge to halt sales of the Samsung Galaxy Nexus smartphone while the
case makes its way through the court.
The lawsuit was filed Thursday in U.S. District Court for the Northern District of California,
with a redacted copy of the case made publicly available Friday night.
The lawsuit involves four Apple patents for technology that allows users
to touch a phone number on a Web page to dial the number, word
placement, Siri voice recognition and unified search, and the ability to
unlock a smartphone by sliding an image from one location to another.
"Sales of the Galaxy Nexus during this litigation will cause
irreparable harm to Apple," the company said in the lawsuit. "The
smartphone market is at a critical juncture, as the overwhelming
majority of consumers move to smartphones, and the consumers' long-term
preferences and purchases may be determined to a great extent by the
operating system on their first smartphone." The importance of that
initial purchase "is precisely why Samsung copies Apple's products and
incorporates Apple's patented features, i.e., in order to lure crucial
first-time purchasers away from Apple."
Samsung's decision to sell the Galaxy Nexus in the U.S. "is all the
more egregious considering that Samsung did so in the face of this
Court's prior determination that Samsung's earlier devices likely
infringe certain Apple patents and that sales of such devices would
likely cause Apple 'to lose market share to Samsung' that 'could support
a finding of irreparable harm'," the latest lawsuit says.
Google and Samsung in October of last year unveiled the Galaxy Nexus,
which runs Ice Cream Sandwich, the latest version of the Android
operating system. The Apple lawsuit specifically targets Ice Cream
Sandwich "with its interactive features" in the lawsuit, contending that
Galaxy Nexus sales will mean that "Apple loses not only market share in
the smartphone market, but also an untold number of sales in the
broader mobile device market."
Besides losing potential iPhone customers to the Galaxy Nexus, Apple
will also suffer "incalculable" lost sales for iMacs, Macbooks and Apple
TVs, the company contends. Further, Apple will be deprived of revenue
it would have made through the iTunes store for both digital media and
apps sales.
Apple has filed lawsuits against Samsung around the world, claiming
that Samsung products including smartphones and tablets violate numerous
Apple patents. Apple has been granted injunctions in a number of the
cases, with judges ordering Samsung to stop selling specific products,
as well as requiring the company to make changes to its products. A
German judge ruled last week that changes Samsung Electronics has made
to the Galaxy Tab 10.1N are enough that Apple's intellectual property
rights are no longer being infringed with that product. However, another
judge in a separate German court ruled that Samsung can continue to
sell the Galaxy Nexus in Germany.
Apple contends in the new U.S. lawsuit that it "has been forced to
relentlessly pursue Samsung all over the world" and "yet while these
cases progress -- even after this Court found Apple likely to succeed on
its infringement claims against prior Samsung devices -- Samsung
continues to launch infringing copycat products with impunity, all with
the assumption that courts, including this court, will not stop Samsung
before the gain to Samsung, and harm to Apple, is virtually
irreversible."
Representatives of Samsung could not immediately be reached to
comment about the lawsuit. The company has, however, continued to defend
itself against the lawsuits Apple has filed worldwide.
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