Apple has sent letters to U.S. retailers offering Samsung's Galaxy Tab 10.1 tablet and Galaxy Nexus phone, warning them not to sell the devices. Following a patent dispute earlier in the month, Apple obtained preliminary injunctions preventing the Tab 10.1 and Galaxy Nexus from imported into, or sold within the United States. In the case of the Nexus, however, sales are set to continue after the ban was delayed on appeal, and that device looks set to continue shipping from the Google Play Store soon.
In its letter, quoted on FOSS Patents, Apple demands that retailers refrain from "importing, offering to sell, or selling [the devices] within the United States," saying the injunctions apply "not only to the named Samsung entities, but also to anyone 'acting in concert' with them." It goes on -- "Apple thus believes that the order extends to you."
Whether Apple is legally in the right remains to be seen, (and that's a debate for folks smarter than us). But the attempted strong-arming of retailers shows just how badly the iPhone maker wants to prevent consumers from being able to buy these competing (and, they would argue, infringing) products. People close to the matter at Best Buy and Wal-Mart tell us that they've been complying with the order regardless of Apple's aggression. One such source told us, "We had planned to remove the Galaxy Tab 10.1 from the shelves the evening the news [of the injunction] broke, and we received word from our district manager to go forward with the plan immediately." Despite this, some U.S. retailers are still offering the devices for sale, and that's what seems to have provoked this response from Cupertino.
A statement released by Samsung condemned Apple's actions, saying "Apple’s menacing letters greatly overreach, incorrectly claiming that third-party retailers are subject to the prohibitions of the preliminary injunction, which they clearly are not."
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