SAN JOSE, Calif. (CN) – Apple has asked a federal judge to stop Samsung Electronics from releasing an upcoming line of cell phones and tablets that allegedly infringe on Apple products.
“Samsung chose to copy Apple, not to innovate,” according to Apple’s motion. “The message that Samsung conveys to consumers with its imitative smartphone design is simple: ‘It’s just like an iPhone.’ Samsung’s Galaxy Tab 10.1 tablet sends a similar message: ‘It’s just like an iPad.'”
Apple sued Samsung in April in a complaint that said Samsung’s cellphones and tablets are confusingly similar to Apple’s iPad, iPod Touch and iPhone, and that the products use icons similar to those used by Apple.
Apple recently amended its complaint to target several more Samsung products as copy-cats. Any trial, though, will come too late to prevent “irreparable harm to fundamental elements of Apple’s business,” according to the motion for preliminary injunction filed late Friday in a San Jose federal court.
“Samsung’s infringement is eroding the distinctiveness of Apple’s designs. Apple is losing market share and customer goodwill. Money damages cannot adequately compensate Apple for the harm Samsung is causing.”
Specifically, Apple wants to stop Samsung from “making, using, offering to sell, or selling within the United States, or importing into the United States, the following recently released products: the Galaxy S 4G, Infuse 4G, and Droid Charge smartphones, and the Galaxy Tab 10.1 tablet computer.”
A preliminary injunction is warranted, the motion claims, because Apple will likely win its patent and trade dress infringement case based on Samsung’s use of a unique function that Apple developed.
“Pull a web page past its edge with one’s finger and let go, and watch the page bounce back to fill the screen. Apple did not lightly decide to seek preliminary relief on a utility patent, but this patent and Samsung’s infringement present a paradigmatic case for such relief both because infringement is clear under the plain language of the claims and also because the patent has survived reexamination,” the motion reads.
On Saturday, the day after Apple’s motion, U.S. District Judge Lucy Koh ordered both sides to file a three-page joint statement, with a briefing schedule and hearing date. She rejected Apple’s proposed Aug. 5 date for a hearing on the motion as too soon.
Other recent developments in the escalating battle between Apple and the Korean giant, which also happens to sell billions of dollars of components to Apple each year, include Samsung’s filing last week of a complaint with the U.S. International Trade Commission that said, “Apple has copied many of Samsung’s innovations in its Apple iPhone, iPod and iPad products” and is using those technologies without a license.
Samsung also sued Apple in a South Korean court two weeks ago over the same patent-infringement issues.
Koh ordered Samsung in May to produce its not-yet-released products to Apple, and last week was the deadline for Samsung to hand Apple its product and packaging samples for the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G and 4G LTE products, referred to in court documents as “Droid Charge” products.
In addition to Samsung Electronics, defendants include Samsung Electronics America and Samsung Telecommunications America.
Harold McElhinny, Michael Jacobs, Jason Bartlett and Grant Kim with Morrison & Foerster represent Apple. Charles Verhoeven, Victoria Maroulis, Crik Olson and Kevin P.B. Johnson with Quinn Emanuel represent Samsung.