Decisions by Apple may impact Galaxy Nexus trial
We heard yesterday about discussions Apple has been having witih the courts in Northern California in an effort to get a US ban on the Galaxy S3. With the overwhelming pre-order sales which have been reported around the world, the Galaxy S3 looks to be breaking records. In the US, its popularity is something which Apple cannot ignore and they are going to have to move quickly if they expect to block sales in the US. It is starting to look like the Galaxy S3 is going to rival Apple iPhone sales based on the information which is being reported.
There has been information from some where Apple may decide as soon as today with regards to how they are going to file the injunction. They are trying to bundle the request in with the existing Galaxy Nexus trial, but the Judge is attempting to have them address this in a separate filing. She “cannot be an Apple v. Samsung judge” and that is what it appears Apple is using the Galaxy Nexus case as a mechanism to address all their Samsung patent infringement claims. If they are able to include a hearing on the Galaxy S3 ban, it will delay the Galaxy Nexus case which Apple does not want. Apple has a decision to make.
For Apple, they have a real problem on their hands. If they are forced to make a separate filing for an injunction blocking US sales, a decision to ban US sales is unlikely to come prior to June 21st, which is the date of sales for AT&T, T-Mobile and Sprint. Once that happens, it is on the market and the damage has been done as far as Apple is concerned. Once it goes on sale, the odds of getting a ban are greatly reduced.
Speculation is also mounting as to whether Apple will seek a Galaxy S3 ban in Autrallia where they had early success in blocking the Galaxy Tab. All of this is starting to look like a another Apple-Samsung battle is brewing and consumers will be the losers. The Galaxy S3 is a new and innovative device which has already come to market around the globe and soon to the US. We can hope that a US ban is not granted to Apple on the Galaxy S3.