OK, here's the real reason Apple is suing. They don't like the prospect of having to actual
compete in the marketplace. They would rather have vaporware stay vaporware. If Apple had their druthers, no other mobile device would even be in existence.
http://9to5mac.com/2011/09/29/apple-vs-samsung-is-about-ecosystems-not-tablets-or-patents/
That article takes chunks of the original story out of context (which was already sensationalized quite a bit), and adds a link-bait title to boot.
Basically, what Apple is asking that the court proceedings are sped up (or a preliminary injunction granted), because if Samsung’s (allegedly) infringing product is allowed to sell, it would be to the extreme detriment to Apple’s business.
They argue that people who would otherwise of bought an iPad may buy a Galaxy Tab instead, and that they would then become part of the “Android eco-system”, with apps that wouldn’t won’t work on Apple devices, meaning they would be less likely to buy an Apple device in the future.
If Samsung’s Galaxy Tab is found to be infringing, but was allowed to sell until the court hearing, Apple could lose quite a bit of business.
On the other hand, if it’s not found to be infringing, and Samsung isn’t allowed to sell it, they’ll lose quite a bit of business.
The difference between the two is the eco-systems. Samsung has the Android eco-system, but that spans literally hundreds of manufacturers, so Samsung would probably not be losing future business if a preliminary injunction is granted — customers could buy their devices, being past customers of other manufactures that are still part of the Android eco-system.
Apple’s eco-system, though, is only Apple, and they would not only be losing business in the present, but also future customers, as they have been “seduced” into the Android eco-system.
It’s about protecting future business. Not about being scared to compete.