Judge says launch of Samsung Galaxy S III will proceed on June 21st

Apple has tried hard to throw a wrench into the upcoming launch of the Samsung Galaxy S III in the States. Already proclaimed the fastest selling gadget of all time with 9 million units pre-sold not including the U.S. and Canada, the Cupertino based firm has had its top legal minds ready to toss in any motion at the eleventh hour, seeking to stop the release of the handset.
 
Instead, the plan just might have backfired as Judge Lucy Koh said late Monday that Apple's push to get an injunction on the Samsung Galaxy S III would overload her calendar especially since she is presiding over another Apple suit against other Samsung products. And Koh's decision has nothing to do with the merits of the case, it really is a decision based on Koh's court schedule. Apple spokeswoman Kristin Huguet said that the "blatant copying of its devices is wrong." Google spokesman Jim Prosser blamed the huge jump in patent battles on the increase in vaguely written patents. Last week, Koh said that Apple could ask for a TRO (temporary restraining order) against the Samsung Galaxy S III, but that would have only lead to a delay in Apple's patent infringement suit against the Samsung GALAXY Tab 10.1 and some other Samsung smartphones.

"The stalemate is much more of a victory for the accused infringers than it is for Apple"-Brian Love, a professor at Stanford Law School who studies patent litigation

Besides the case on the west coast that Koh is presiding over, last Thursday in Chicago Judge Richard Posner canceled Apple's trial against Google's wholly owned subsidiary Motorola Mobility. Posner's decision, based on his ruling that neither side could prove damages, can be appealed while Koh's decision to delay the Apple-Samsung battle until after the Samsung Galaxy S III is launched has nothing to do with the merits of the case and thus Apple must eat the decision. Bottom line: Welcome to the U.S. Samsung Galaxy S III.

source: Reuters