Samsung tells Court that the Galaxy Tab 10.1 doesn’t compete with the iPad

Apple recently filed a motion seeking an injunction against the Samsung Galaxy Tab 10.1, and interestingly enough, Samsung is arguing that an injunction shouldn’t be granted because the Galaxy Tab isn’t really in competition with the iPad.

Why not, you ask?

Well, because the Samsung Galaxy Tab is 4G and the iPad 2 is not.

Florian Mueller writes:

In this situation, Samsung makes an argument that is not without merit (and, as always, phrased very persuasively) but, in my personal opinion, too weak to avoid a preliminary injunction. It may be just strong enough to cause a delay, but anything more than that would surprise me.

Samsung argues that Apple doesn’t make any 4G version of the iPad 2, while Samsung doesn’t sell the Wi-Fi version of the Galaxy Tab 10.1 anymore. Therefore, Samsung argues that the two products don’t compete directly.

A spurious argument if we’ve ever seen one.

Edible Apple

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