Yesterday, we reported that Apple came out and said which phones they are filing injunctions against in the hopes to get them banned for sale here in the states. Due to them winning against Samsung, they definitely have the upper hand in this case. Samsung is said to not be wasting any time and is preparing for a potentially bad decision on their part.
Eight phones will possibly be affected so there's a lot of work that needs done in just a few weeks time. Samsung is trying to work with carriers to get the infringing features removed. Considering how large of a presence the South Korean company has in the Android marketplace, that's potentially a lot of phones to update.
Now, Samsung could just say forget it and battle Apple yet again in court which they will, but in this situation and how everything has progressed, this isn't the time to wait it out and see what happens. While they can update the software on the infringing phones, they unfortunately can't update the designs. All of the infringing phones except for the Galaxy Prevail were found to have infringed at least one or both of Apple's D'677 and D'305 design patents.
Not to mention, the Galaxy S 4G and Galaxy S Showcase were found to infringe their trade dress. So basically even if Samsung does get the infringing features removed and the phones updated before the injunctions case September 20th, that could not save them. It's a rough situation either way you look at it, but at least by updating the eight phones they might have a fighting chance. Keyword "might".