Apple recently won injunctions against the Samsung Galaxy Nexus and Galaxy Tab 10.1, and it wanted carriers and retailers to know about the ban very badly.
According to FOSS Patents, in a recent filing with the court, Samsung detailed letters that Apple sent out to “many carriers and retail companies that currently sell” the banned devices. The letters asked the other companies to halt sales of the Samsung Galaxy Tab 10.1 and Samsung Galaxy Nexus while the temporary injunction is in place.
Apple sent the letters to the other companies stating that as Apple’s lawyers read the judgement handed down from the judge, companies associated with Samsung had to stop selling the devices in question. The actual block of text reads (emphasis added):
“Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, Inc., its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making, using, offering to sell, or selling within the United States, or importing into the United States, [the relevant product], and any product that is no more than colorably different from this specified product and [infringe the relevant intellectual property right].”
The words in bold are what Apple’s counsel interpreted to mean carriers and retailers also had to abide by the injunctions. According to Apple, the other companies had to stop selling, offering to sell, and importing the Galaxy Nexus and Galaxy Tab 10.1.
Samsung, however, believes that retailers are free to continue selling their remaining stock of both devices. In most previous rulings, this was the case.
It is hard to say which company is right in this matter. Clearly both companies believe they are in the right. We haven’t seen any companies besides Google outright stop selling the devices before stock clearly ran out. The new updates to the Galaxy Nexus and Galaxy S III might save Samsung for a time, but we’ll have to wait and see how this one turns out.
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