Who Wants To See What Apple’s Cease And Desist Letter To Samsung Retailers Looks Like??
The other day I reported on Apple’s latest attempt to stop Samsung from selling it’s products here in the US here. After winning an injunction halting the sales of the Sammy’s Galaxy Nexus and the Galaxy Tab 10.1, Apple hit a roadblock when Samsung was able to start selling the devices again while an appeal when through the court system. So Apple’s next step was to send Cease and Desist letters to all the retailers who were still attempting to sell these products. iMore was sent a copy of this take down letter by a company that received one and here it is…
Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)
[Name redacted]
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. Patent No. 8,086,604 (the ’604 patent’). With the posting of the requisite bond, the order is now in effect.
The order provides as follows:
For the foregoing reasons, Apple’s motion for a perliminary injuction is GRANTED. Accordingly, Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC; its officers, partners, agents, servants, emplotyees, attornyes, subsidiaries, and those acting in concert with any of them, are enjoined for making, using, offering to sell, or selling within the Unite States, or importing into the United States, Samsung’s Glaxy Nexus and any product that is no more than colorably different from the specified product that infringes on U.S. Patent No. 8,086,604.
(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 Samsung’s Galaxy Nexus.
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 Samsung Galaxy Nexus and any product that is no more than colorably different from it and embodies the ’604 patent’s design. At a minimum, Apple believes compliance with the Court’s order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.
Please contact the undersigned if you have questions.
Obviously Apple is not going to let this go. While some will hate Apple’s tactics the fact of the matter remains that what they are doing is perfectly legal as far as the patent lawsuit. The patent system is what is broken here and until we fix it this will be a very common place situation among these tech giants. In the meantime, stay tuned for the next step in what is sure to be a long drawn out battle between these two Juggernauts.
Source-Android Central via iMore
