If there’s one thing we should now expect of Apple, aside from releasing the same OS every year, is that they’re more than happy to vehemently defend heir ridiculous monopoly on the mobile market. This time around they’re getting it done by mailing retailers of Samsung products that they be removed from shelves due to the preliminary injunctions against both the Galaxy Nexus and he Galaxy Tab 10.1. The Nexus has of course had its stay in court and the phone looks to be shipping again, from the Play Store soon.
You can read the letter that Apple’s legal team are sending out to retailers across the country, we’re not law professors here at Android Headlines and we’re not going to pretend like we are. The letter below is from FOSSpatents.
It looks as if Apple are becoming increasingly violent when it comes towards Samsung however, I’m fairly certain that its more like Android. Threatening retailers into taking stock off of shelves, which I believed they were allowed to sell remaining stock of, isn’t the sort of behavior that you’d come to expect of Apple, a company that is supposed to be at the top of the game and highly professional but, its beginning to look more and more likely that the late Steve Jobs’ blood lust for the platform is becoming the norm at Apple.
Apple’s letter is posted below in its entirety and, if you’re wondering what Samsung had to say about it well, this is it: “Apple’s menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which they clearly are not”
Dear [recipient]: We represent Apple Inc. in the above-referenced action. We enclose a copy of the June 26 preliminary injunction ordered entered by the U.S. District Court for the Northern District of California in this case together with a copy of Apple’s U.S. Design Patent No. D504,889 (the ‘889 patent’). With the posting of the requisite bond, the order is now in effect. The order provides as follows: [T]he Court issues the following order enjoining the Galaxy Tab 10.1 from sale in the United States: 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, Samsung’s Galaxy Tab 10.1 tablet computer, and any product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889. (emphasis added). As the italicized language provides, the order applies not only to the named Samsung entities, but also to anyone “acting in concert” with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing the Galaxy Tab 10.1 tablet computer. Please comply with the order by ceasing immediately to engage in any of the specified acts (e.g., importing, offering to sell, or selling within the United States) in connection with the Galaxy Tab 10.1 tablet computer and any product that is no more than colorably different from it and embodies the ‘889 patent’s design. At a minimum, Apple believes compliance with the Court’s order requires immediately removing for sale the Galaxy Tab 10.1 from all physical and online venues under your direction or control. Please contact the undersigned if you have questions. Regards, [signatory] Enclosures