galaxynexus Apple demands retailers to cease selling Samsung Galaxy Nexus

Apple recently sent out various emails demanding retailers to cease the act of “importing, offering to sell, or selling within the United States,” the Samsung Galaxy Nexus.  Apparently, Apple assumes that it’s justifiable to go after retailers that affiliate themselves with Samsung.

Apple recently sent out various emails demanding retailers to cease the act of “importing, offering to sell, or selling within the United States,” the Samsung Galaxy Nexus.  Apparently, Apple assumes that it’s justifiable to go after retailers that affiliate themselves with Samsung.

The following email was sent to one such retailer:

Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al.
United States District Court, Northern District of California, Case No. C-12-00630 (LHK)

We represent Apple Inc. in the above-referenced action.

We enclose a copy of the June 29 preliminary injunction order 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 preliminary injunction is GRANTED.  Accordingly, Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC; its officers, directors, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined from making, using, offering to sell, or selling within the United States, or importing into the United States Samsung’s Galaxy Nexus and any products that is no more than colorably different the specified product and infringes 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 infringes the ‘604 patent.  At a minimum, Apple believes compliance with the Courter’s order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.

It appears that Apple is hell bent on closing down all avenues of Galaxy Nexus distribution in the United States.  Samsung may have the pocket to support the legal battles against Apple, but the small time retailers may not. 

Retailers that have strong ties with Apple such as Wal-Mart and Best Buy may consider compliance, but there are still others that may not follow through with Apple’s request.