SAN JOSE (CN) – A federal judge again refused to stop sales of the Galaxy Tab 10.1 tablet computer, ruling that an appeals court that stepped into the case still has jurisdiction.
Late Monday, U.S. District Judge Lucy Koh ruled that she can’t make a move on Apple’s renewed request for a preliminary injunction against Samsung Electronics because the Federal Circuit first must decide whether to grant Samsung’s request to rehear arguments made in April.
“The Court determines that it currently lacks jurisdiction to issue a preliminary injunction as requested by Apple because the Federal Circuit has not yet issued the mandate,” Koh wrote, referring to the circuit’s pending decision to rehear arguments.
The Federal Circuit upheld Koh’s refusal to stop sales of three Samsung smartphones, but its opinion seemed to give Apple the go-ahead to try again to get an injunction on the Galaxy Tab 10.1 product.
Apple asserted a procedural exception that would allow the U.S. District Court to issue an injunction while an appeal is pending.
But Koh found the exception does not apply because “In this case, Samsung was engaged in selling the Galaxy Tab 10.1 at the time of the appeal. Thus, granting an injunction would prohibit Samsung from selling the Galaxy Tab 10.1, altering the respective rights of the parties and changing the status quo that existed at the time of the appeal.”
Apple, encouraged by the recent Federal Circuit court ruling, had been preparing for a hearing this Thursday, in which it was to argue that sales of Samsung Electronics’ tablet computers that Apple claims are copycat designs are causing irreparable harm.
Koh’s order denying the preliminary injunction also vacated that hearing.
Apple accused Samsung of “slavishly” copying smartphone and tablet computer designs in April 2011. A trial is scheduled for the end of July.