In April, Apple sued Samsung claiming that Samsung’s tablets and and Galaxy smartphones are nothing merely a slavish copies of Apple’s design and patents. Apple stated that Samsung has infringed Apple’s intellectual property and it requested court for a preliminary injunction so that Samsung should be barred from selling the products which are in issue in US.
So for a preliminary injunction the petitioner has to fulfilled some criteria as it has has to prove that the preliminary injunction if for the sake of public interest and must establish a likelihood of success. Petitioner has to prove that if the relief is not granted then it will cause irreparable harm and it must show the balance of hardship between the parties.
Last Friday US District Judge in California Lucy Koh denied the preliminary injunction to stop the sale of Samsung’s products like samsung galaxy tab and Samsung smartphones.
Judge said that Apple has proved that Samsung products has infringed Apple’s patent but Apple could not establish that this has caused irreparable harm. So for the time being Samsung will continue to sell its Tablets, samsung galaxy tabs, Smartphones and Phones in market but if Apple succeeded in proving the irreparable harm the Samsung has pay the damages for the sold products which were in issue.
Report by Himanshu Kumar