A new report from research firm Localytics today suggested sales of Samsung’s Galaxy S III have been growing on a weekly basis with huge spikes following the Samsung/Apple trial and the iPhone 5 introduction. The full story is at 9to5Google.com.
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Samsung just released its latest ad mocking iPhone line sitters—right on time for the release of the iPhone 5 this week. The ad is quite similar to its old “The Next Big Thing” Galaxy ads, as it bashes iPhone customers waiting in line at the Apple Store. This commercial is for Samsung’s latest device, of course, the Galaxy S III.
When we checked in last Friday on the ongoing Apple vs. Samsung cases in the United States, Apple’s lawyers were threatening Samsung with a temporary restraining order on the Galaxy S III to stop sales of the device before its June 21 release date. Apple was hoping Judge Lucy Koh would add the Galaxy S III to existing preliminary injunction requests that Apple previously made on other Galaxy products. However, according to a report from Reuters, Judge Koh ruled this week that Apple’s requests would “overload her calendar” given a July 30 trial date in the previous Galaxy cases is already set.
Apple can still request a ban on the Galaxy S III with a separate hearing date, but it likely will not be able to do so in enough time to block the device from launching later this month:
U.S. District Judge Lucy Koh in San Jose, California, effectively dashed Apple’s hopes of stopping the launch of Samsung Electronics Co Ltd’s new Galaxy S III smartphone, which also runs on Android. Koh had said Apple’s push to get a court order blocking the June 21 launch would overload her calendar… Koh last week said Apple could ask for a temporary restraining order against the Galaxy S III phone, but that would likely delay the trial over a Galaxy tablet and other smartphones. In her order on Monday, the judge said Apple would have to request a new hearing date if it wanted to stop sales of the Galaxy S III phone. That likely would not take place before the phone’s scheduled launch. Apple has not said what its next move will be.
Last time we checked in on the ongoing U.S. patent-related court cases between Apple and Samsung, Apple’s lawyers were requesting to add the Galaxy S III to its previous motion for a preliminary injunction against the Galaxy Nexus line of products from February.
Apple was hoping the courts would agree to withhold sales of the S III until a ruling on the preliminary injunction was made. Samsung recommended the judge dismiss Apple’s request and file a new motion, but Apple attorney Josh Krevitt threatened Samsung at a hearing on Thursday that Apple could file a temporary restraining order as early as today to stop sales of the S III before it launches June 21. Bloomberg reported:
Josh Krevitt, a lawyer for Cupertino, California-based Apple, told Koh he was considering filing a request for a temporary restraining order in the interest of blocking sales of the Galaxy S III before its scheduled release in the U.S. this month… Krevitt said a court order temporarily barring Galaxy S III sales in the U.S. will create “a mechanism to allow the court to decide this issue before the launch.”
First Samsung will have to prove in court today that the Galaxy S III includes a “different combination of features” from the Nexus in order to prevent Apple from adding the device to the previously requested preliminary injunction. According to Bloomberg, Samsung lawyer Bill Price claimed: “Apple’s urgency stems from its inability to “compete against the new features” of the Galaxy S III, and the company is trying to “prevent a phone from getting to the public that is better than Apple’s in many, many respects.”
Reuters noted that several Google attorneys attended Thursday’s hearing. If Apple files for a temporary restraining order, the scheduled July 30 trial date would likely be delayed. Apple is also trying its best to kill HTC.
