Court activities continue without any information
With pre-orders continuing at US wireless carriers such as Verizon, AT&T, Sprint and others, the possibility of a US sales ban by Apple is still a possibility. It has been reported that Apple is attempting to get the Galaxy S3 lumped in with the ongoing patent issues associated with the Galaxy Nexus process which is winding its way through the courts in Northern California. While there has not been any news today, that does not mean that Samsung is in the clear with the threat of a ban.
Reports from Foss Patents over the weekend had Apple and Samsung appearing in court today where Samsung had to show to Judge Koh “whether it contends that the accused features […] of the Galaxy S III are more than colorably different from the comparable features of the Galaxy Nexus”. If Samsung could not prove the differences, there was an assumption that the Judge would possibly rule in Apple’s favor to add the Galaxy S3 to the Galaxy Nexus case. That action would make it much easier for Apple to attempt to get a sales ban on the Galaxy S3 before the June 21st date. Since we have not heard anything today, we can potentially assume that Samsung convinced the Judge the Galaxy S3 is materially different.
Another part of the items for this week is for Samsung to “make its best efforts to produce the source code implemented on the Samsung Galaxy S III relating to the accused features by no later than Thursday, June 14, 2012”. The definition of “best efforts” is one which is subject to interpretation. If they do not make that deadline and things drag out until next Thursday, June 21st, they will have the Galaxy S3 on sale. With that event, it will be a moot point for Apple to stop the sale as they are now out in the public.
Legal matters are often difficult to follow and to guess the outcome. Things are looking much better for Samsung each day that passes with no information coming out of the court. With the anticipation for the Galaxy S3, a temporary blocking of sales could prove to be devastating for the Galaxy S3 in the US. Let’s hope that it makes it on sale June 21st.