After Samsung Electronics received the guilty verdict last week, the company is facing the possibility of having a few of its devices banned here in the United States. Today, Samsung has promised that they will fight Apple’s attempt to ban these devices where they have claimed that “we will take all necessary measures to ensure the availability of our products in the U.S market.”
A spokesman from the company has told various reporters that Samsung’s options included filing to completely stop the injunction, appealing if the judge grants it, and modifying its infringing products if it is necessary. It’s also been recently reported that Samsung officials have already begun discussing with various wireless carriers (AT&T, Verizon) about the potential need to remove or modify some existing features that violate Apple’s IP so that Samsung Electronics can keep their products on the United States market. This would be the case with smartphones like the Galaxy S II, which is currently still being sold by several of the United States carriers. When the ban will go in place is unknown.
Right now, the general consensus is that Judge Koh is very likely to grant Apple’s request for the injunction, considering that Koh had already approved a preliminary injunction against the widely known Samsung Galaxy Tab 10.1. Despite those injunctions, Samsung has confirmed that they would be filing post-trial motions asking for a stay on the preliminary injunction, and potentially overturning this decision.
Currently, Samsung Electronics is doing a lot of talking, but they aren’t providing any sort of evidence to back up their strategy. With some substantial funding and quality R&D, there is always the possibility that Samsung could be looking to tweak some of the aspects of its software so that they could potentially avoid the infringement. However, the majority of the products that Samsung created that are violating Apple’s design patents and the trade dress puts Samsung at a crossroad. That said, thing aren’t looking so bright on the Samsung side of things. In fact, I personally am not so sure if continuing to pursue this case is really a great idea. Maybe the phones just need to get banned in the U.S and they move on to bigger and better things such as their upcoming Galaxy Note 2 and Galaxy S III based Android camera. That’s just a personal opinion though, after the notes from the jurors and the total damages charged towards Samsung, I’m just not so sure if continuing on with this case is a very good idea.
The initial hearing is set to start on September 20th, so it’s not going to be a whole lot longer until we find out which path that Samsung Electronics will be looking at taking. Hopefully they choose the smart way instead of trying to keep old devices on their last leg that will likely be taken off the shelves in the next few months in the market.
source: Talk Android