Apple files preliminary injunction to stop sale of Samsung Galaxy devices

Apple has filed a motion requesting a preliminary injunction in an attempt to stop Samsung making, using, importing and selling its recently released high-end smartphones and tablets in the US.

The company claimed in a 39-page district court filing that the Galaxy S 4G, Infuse 4G, and Droid Charge smartphones as well as the Galaxy Tab 10.1 tablet infringe on four Apple patents.

The iPhone maker insisted that a preliminary injunction is "a matter of most urgency" to prevent irreparable harm.

"Apple is likely to prevail on the merits of the design and utility patent claims presented in this motion. Unless enjoined, Samsung's sales of a new round of copycat products will cause irreparable harm to Apple that cannot be adequately compensated by damages," Apple said in the filing.

"Accordingly, Apple requests that the court issue a preliminary injunction and ensure that innovation - not unlawful imitation - is protected."

Apple also reserves the right to file for a preliminary injunction against forthcoming Samsung devices such as the Galaxy Tab 8.9 as their release becomes imminent.

Apple had been widely tipped to file a preliminary injunction, but the move is still a gamble, according to software patents expert Florian Mueller.

"If Apple's motion is granted, Samsung will be forced within a matter of a few months - possibly less than two months - to take its flagship Android-based products from the US market," he said on the Foss Patents Blog.

"But if Samsung doesn't cave and Apple's motion fails, Apple's position will look weak."

It remains to be seen whether Samsung will try to reach a settlement with Apple or defend the allegations, Mueller told V3.co.uk.

"Although Samsung has dropped its countersuit against Apple, this was only in formal terms. The Korean firm has actually converted the suit into counterclaims, which is even more useful," he said.

"Not only did Samsung convert its allegations into counterclaims against Apple's suit but it increased the number of asserted patents by two."

The Samsung Galaxy S2 has been unable to match the phenomenal sales of the iPhone, but appears to have been a big seller. Samsung said that there have been nearly three million channel sales just 55 days after launch.

"An injunction against Samsung products such as the Galaxy S2 would cause major economic damage. Apple hopes to get maximum leverage against Samsung with the threat of a preliminary injunction, but I'm not sure Samsung is going to back down too easily," Mueller added.

Samsung had previously been unsuccessful in its attempts to get access to the iPhone 5 and iPad 3 prototypes.