Earlier this week reports surfaced claiming Apple has been actively sending takedown notices to Galaxy Nexus third-party retailers.

Well, here is a copy of the letter and what it says.

Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)

[Name redacted]

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

We enclose a copy of the June 26 preliminary injunction ordered 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, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined for making, using, offering to sell, or selling within the United States, or importing into the United States, Samsung's Galaxy Nexus and any product that is no more than colorably different from the specified product that infringes on 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 embodies the '604 patent's design. At a minimum, Apple believes compliance with the Court's order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.

Please contact the undersigned if you have questions.
While it isnít known how many retailers received letters from Apple, and the legitimacy of Appleís right to mail such letters is definitely not black and white, itís obvious the company is serious about eliminating competition through the courts. Samsung has successfully won stay preventing the ban from being enacted immediately, but Apple has filed a motion to have the stay reevaluated. Sprint has already filed documents in support of Samsung claiming the ban unnecessarily harms carriers.

Despite the bad press, and utter ridiculousness at times, it appears the patent war is still going strong.






Source: iMore [via iClarified]