A judge at the Court in San Jose, CA, on Tuesday ordered the South Korean group Samsung to stop selling its tablets Samsung Galaxy Tab 10.1 in the United States, while the court examines the complaint filed by Apple according to which Samsung would have been illegally copied the design of the iPad.
The decision taken by Judge Lucy Koh gives Apple a significant advantage in the global legal dispute with Samsung. Previously, Lucy Koh rejected the request from Apple of prohibiting the sale of Galaxy smartphones and tablets, but changed her mind after the Court of Appeal asked her to reconsider Apple’s request.
“Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products,” reads the decision taken on Tuesday by Judge Koh. According to her, Apple would be irretrievably damaged if Samsung will continue to sale its Galaxy Tab 10.1 over the U.S. territory.
Tuesday’s decision is not the final one in the Android vs. Apple case. A week ago, Apple has suffered a serious defeat when a federal judge in Chicago rejected Apple’s request to ban the sales of Motorola smartphones.
However, many critics consider tipping the balance in favor of one of the two companies would seriously harm customers. But judges don’t agree with that: “Every company has the right to compete, but it has to do it fairly.”
Apple now only has to guarantee the amount of $ 2.6 million if, in time, it will be proved that its claim is false and then the verdict of the Court will enter into force. The $ 2.6 million would have to be offered to Samsung if the appeal will prove that Apple was not right.
In the first quarter, Apple sold 13.6 million iPads and controls 63% of the global market, according to the market research firm Display Search. In comparison, Samsung sold 1.6 million tablets, which means that the South Korean group controls only 7.5% of the market.