Following last week’s verdict, Samsung is now asking the courts to drop the initial injunction on their Galaxy Tab 10.1. The jury for the Apple vs. Samsung trial found that the Samsung Galaxy Tab 10.1 infringed several pieces of Apple’s intellectual property, but did not infringe upon the iPad D’889 design patent. Originally the alleged infringement of that particular patent was the reason a preliminary injunction took the Tab 10.1 off the market on June 26th. Now Samsung wants that injunction removed — and believes that Apple may even owe it damages as well.
In a court filing yesterday evening, Samsung pointed out that the D’889 patent was the piece of IP cited in the court’s original injunction order. Since the jury decided the Tab 10.1 didn’t infringe that patent, Samsung argues that the injunction was unfair. The company is also asking that the court hold on to the $2.6 million bond Apple paid to secure the injunction until a damages hearing can be held. Samsung can — and no doubt will — argue that it sustained losses since the injunction went into effect.
The challenge for Samsung however is that despite their claims the jury did in fact find that the Tab 10.1 infringed several of Apple’s software patents. When evaluating the wording of the original injunction order, Samsung may actually have some ground to stand on, as the injunction was just based on the design patent although that could be changed at next month’s injunction hearing. Samsung is hoping to have the issue resolved as soon as this week. DroidDog will continue to keep you updated as more information is released.