Apple Wants Judge to Shut Down|Samsung’s Copied Galaxy Products

     SAN JOSE, Calif. (CN) – Still stinging from a $1 billion judgment, Samsung now faces calls from Apple to enjoin sales of Galaxy products.
     Apple filed paperwork Monday seeking a preliminary injunction on eight of the 28 Samsung smartphones that a jury found last week had copied the iPhone. Seven of the phones are part of Samsung’s Galaxy line, with the Droid Charge rounding out the list.
     “Apple reserves all rights regarding a permanent injunction, but has tailored this list to address a portion of the immediate, ongoing irreparable harm that Apple is suffering,” according to a footnote of the Apple motion authored by Morrison & Foerster attorney Michael Jacobs.
     Meanwhile, Samsung petitioned for a shortened briefing schedule on post-trial motions, which include the stay of an earlier injunction on U.S. sales of Galaxy tablets. The South Korean company says it needs the tight schedule because, “if it does not obtain the relief requested in its motion for stay, Samsung will need to file a notice of appeal, arrange an appellate bond and seek court approval of that bond to obtain an automatic stay pending appeal under [federal rules], all before the September 7, 2012 expiration of the 14 day stay” provided under the law.
     Quinn Emanuel attorney Victoria Maroulis authored Samsung’s brief which wants Apple to file its opposition to the stay by Aug. 29. Samsung proposes to file its reply the following day and it wants the court to decide on the stay without oral argument.
     Apple opposes this.
     “Samsung’s motion for shortened time should be denied because (1) Samsung has failed to show any need for immediate action; and (2) Samsung’s motion to dissolve the injunction should be decided on the same schedule as Apple’s motion for a preliminary injunction,” Morrison Foerster attorney Michael Jacobs wrote for Apple.
     “Samsung’s motion also ignores the fact that when Samsung contacted Apple yesterday about its proposed motion to shorten time, Apple offered to brief Samsung’s motion to dissolve the Galaxy Tab 10.1 injunction on the same schedule as Apple’s forthcoming motion for a preliminary injunction based on the jury verdict that Samsung is willfully infringing multiple Apple patents and trade dress rights,” Jacobs added. “Samsung declined, and is thus demanding that Apple respond to Samsung’s motion in a single day, while insisting that Samsung should have the full 14-day period to oppose Apple’s preliminary injunction motion.”
     “Samsung has no valid basis for its asymmetrical demand,” the brief states. “Whether to dissolve the injunction raises important issues that should be resolved after full briefing that provides Apple with an adequate opportunity to consider its options.”
     Samsung has already filed its federal appeal and could simply ask that court for an extension until U.S. District Judge Lucy Koh considers and rules on the injunction issues, according to Apple.

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