Apple Nabs Preliminary Injunction Against Samsung Galaxy Tab 10.1 in U.S.

While it's not quite the final word just yet, Apple scored a victory in its efforts to stomp out Samsung's Galaxy Tab 10.1 tablet on Tuesday night, with a U.S. judge granting the iPad maker's request for a preliminary injunction against the rival slate.

Reuters is reporting that U.S. District Judge Lucy Koh has granted Apple a preliminary injunction against Samsung's Android-powered Galaxy Tab 10.1, one of the few real contenders to its iPad tablet throne.

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh's ruling on Tuesday evening reads.

Apple must first post a $2.6 million bond before the preliminary injunction becomes effective, "to protect against damages suffered by Samsung if the injunction is later found to have been wrong."

And there's the rub: Samsung is likely to appeal the ruling in Federal court, which may yet have the final word.

"Apple sought a preliminary injunction of Samsung's Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product's overall design," Samsung said in a statement. "Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."

Some analysts agree with Samsung, claiming that Apple is being too aggressive in trying to squash its rival.

"The relief being given to Apple here is extraordinary," said Colleen Chien, a professor at Santa Clara Law in Silicon Valley. "Preliminary injunctions are rarely asked for and rarely granted.

"That this was a design patent and copying was alleged distinguish this case from plain vanilla utility patent cases," Chien concludes. "Cases involving these kinds of patents are based more on a counterfeiting theory than a competition theory, so I don't expect this case to have ramifications for all smartphone disputes, but rather those involving design patents and the kind of product resemblance we had here."

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