After receiving a guilty verdict last week, Samsung faces the possibility of having several of its devices banned in the United States. Today, the company has promised to fight Apple’s attempt to ban these devices, claiming “we will take all necessary measures to ensure the availability of our products in the U.S. market.”
A spokesman for the company told reporters that Samsung’s options included filing to stop the injunction, appealing if the judge grants it, and modifying its infringing products if necessary. It’s also been reported that Samsung officials have already begun discussing with wireless carriers about the potential need to remove or modify existing features that violate Apple’s IP in order to keep its products on the market. This would be the case with smartphones like the Galaxy S II, which is still being sold by several major US carriers.
The general consensus is that Judge Koh is likely to grant Apple’s request for injunction, considering she already approved a preliminary injunction against Samsung’s Galaxy Tab 10.1. Despite this, Samsung has confirmed that it would file post-trial motions asking for a stay on the preliminary injunction, potentially overturning the decision.
At this point, Samsung is talking a lot, but isn’t providing any evidence to back up its strategy. With substantial funding and quality R&D, there’s always the possibility that the company can tweak aspects of its software to avoid infringement. However, a majority of the products violate Apple’s design patents and trade dress which puts Samsung at a crossroads. The initial hearing is set for September 20th, so it won’t be much longer until we find out which path the company chooses.
Source: Wall Street Journal