Apple v. Samsung Battle Goes On: Galaxy Tab Ban Lifted As Samsung Pushes for iPhone 5 Ban

ABC News – As Samsung airs TV ads poking fun at those that waited in line for the iPhone 5, the legal shots between the companies continue.

A little over a month after a California jury recommended Samsung pay over $1 billion in damages to Apple for patent infringement, the judge in the case has lifted the ban on Samsung’s Galaxy Tab 10.1.

While the jury did find Samsung guilty of copying a number of features of Apple’s products in the case, they didn’t find the Galaxy Tab 10.1 to infringe on a design patent. Samsung had asked for the sales ban to be lifted, and last night Judge Lucy Koh dissolved the injunction.

Samsung is taking on Apple’s iPhone 5 in a separate case. On Monday, Samsung’s lawyers added the iPhone 5 to its original filings, which held that Apple’s iPhone, iPad and iPod Touch infringed on two of its mobile broadband patents. This second court case between the two tech giants is set to go to trial in March 2014.

“There is good cause to allow Samsung to amend its infringement contentions to add the brand new iPhone 5 as an accused device in this lawsuit,” the document filed by Samsung’s attorneys states.

“We have always preferred to compete in the marketplace with our innovative products, rather than in a courtroom. However, Apple continues to take aggressive legal action that will restrict market competition,” Samsung said in a statement. “Under these circumstances, we have little recourse but to take the steps necessary to protect our innovations and intellectual property rights.”

Apple declined to comment when reached by ABC News.

The war between the two tech giants, analysts believe, will only get fiercer. “The Samsung vs. Apple war is getting uglier before it gets better,” market analyst Patrick Moorhead told ABC News. “Samsung views Apple as a threat to their long-term survival and will do what it takes weaken them. Samsung will spend billions to do this as their company is under attack.”

But even if the public doesn’t follow the legal dispute, they won’t be able to escape the ads. Samsung has taken out print and video ad space all over to push its Galaxy S III over Apple’s new iPhone 5. Ultimately, there’s no avoiding the war.


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