Ban on Samsung Galaxy Stays in Place, for Now


     SAN JOSE, Calif. (CN) – Though a jury’s rejection of infringement claims undermines the injunction on Samsung’s Galaxy Tab 10.1, a federal judge has refused to let sales resume.
     U.S. District Judge Lucy Koh preliminarily enjoined domestic sales of the tablet in June, but a jury cleared the Galaxy Tab 10.1 of infringement claims in August. The same ruling nevertheless ordered Samsung to pay Apple $1 billion on smartphone smartphone patent infringement.
     Since Samsung has appealed the injunction to the Federal Circuit, however, lifting that ban would have to wait “until and unless the Federal Circuit returns jurisdiction to this court,” Koh wrote Monday.
     “The court agrees with Samsung that the sole basis for the June 26 preliminary injunction was the court’s finding that Samsung likely infringed the D’889 Patent,” the five-page decision states. “The jury has found otherwise. Thus, the sole basis for the June 26 preliminary injunction no longer exists. Based on these facts alone, the court at this time would dissolve the June 26 preliminary injunction if the court had jurisdiction.”
     Koh also canceled a hearing on the motion slated for Sept. 20.
     The patent war between Apple and Samsung stems from claims that the South Korean company “slavishly copied” the iPhone and iPad design and function patents to develop smartphones and tablets.
     If the Federal Circuit lifts the sales ban on Samsung’s Galaxy tablet, Samsung believes Apple should forfeit the $2.6 million bond as reparations for Samsung’s lost sales since June. But Apple – crowned the richest company in the world this year – plans to fight for every penny of the $2.6 million.
     “Apple opposes this request on grounds that ‘Samsung’s motion cannot fairly be decided without resolving Apple’s motions for JMOL that the Tab 10.1 infringes the D’889 patent and for an injunction based on the verdict that the Tab 10.1 infringes the ‘381, ‘915, and ‘163 patents,'” Koh wrote, citing Apple’s opposition brief as well as its request that Koh overturn the jury’s verdict regarding the tablet. “Apple argues that the parties are currently briefing motions that could entitle Apple to a permanent injunction against the Galaxy Tab 10.1, and that, ‘[i]f the Tab 10.1 injunction were dissolved and then reinstated, this would be confusing to the market and would undermine the orderly administration of justice.'”

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