Galaxy Tab 10.1 Injunction Still Stands in Apple v. Samsung

Sales of Samsung's Galaxy Tab 10.1 were halted by a federal judge in Samsung and Apple's patent dispute. Image: Samsung

Apple v. Samsung judge Lucy Koh issued an order Monday denying Samsung's motion to dissolve the June 26 preliminary injunction banning U.S. sales of the Galaxy Tab 10.1.

Judge Koh listed a few reasons for the decision in the five-page order. First, both parties agreed that the jury's Aug. 24 ruling in the case "did not resolve all substantive remedies" for the parties, so the judgment is not final as far as the appeals process goes. And since the case is in appeals now, Judge Koh no longer has authority to dissolve the injunction unless the Federal Circuit returns the case to her court.

The preliminary injunction was originally filed because the court found that Samsung had "likely" infringed Apple's D'889 patent; the jury did not come to the same conclusion.

Because of this, Judge Koh acknowledged in this ruling that Samsung's motion raised "substantial issues" that could send the case back to her court. Specifically,  since the jury did not find Samsung infringed the D'889 patent, the circumstances surrounding the injunction have changed.

Judge Koh cancelled the parties' upcoming Sept. 20 hearing about this preliminary injunction. Instead, a post trial hearing to discuss this and other issues, like Apple's request for a additional damages and "injunctive relief," will take place in early December.

For more of Wired's coverage of the ongoing Apple v. Samsung case, click here.

Christina Bonnington 19 Sep, 2012

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Source: http://feeds.wired.com/~r/wired/index/~3/knDUnNV14Yo/
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