Judge Lucy Koh Rules in Favor of Lifting Sales Ban On Samsung Galaxy Tab in U.S.

Looks like Samsung has scored a win in their ongoing battle against Apple. Yesterday, US Court Judge Lucy Loh, effectively lifted the 3-month sales ban on the Galaxy Tab 10.1. Samsung had originally made the request months ago, however, the tab was one of the many devices caught in the middle of the legal battle with Apple. Its fate hinged on the verdict of the massive tech trial. Fortunately the grand jury in the case ruled that Samsung’s tab didn’t infringe on any of Apple’s design patents with the tablet. Despite that win for Samsung the injunction couldn’t be lifted as the case had been sent to an appeals court.

All of this follows an order from the U.S. Court of Appeals for the Federal Circuit which sent back the decision to Judge Koh. In response, Judge Koh issued a ruling.

“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 jury has found otherwise,” Koh’s ruling read. “Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court finds it proper to dissolve the injunction.”

Following Judge Koh’s ruling, Samsung issued a statement of their own.

“We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for”.

In addition, Samsung filed a motion against Apple. The motion states Apple’s iPhone 5  infringes on several of Samsung’s patents. The world’s top two smartphone makers are locked in patent disputes in 10 countries as they vie to dominate the lucrative market. The legal fight began last year when Apple sued Samsung in multiple countries, and Samsung counter sued  Apple has not issued a response thus far pertaining to this new court ruling. To add insult to injury for Apple, Judge Koh said that the court would hold the $2.06 million bond Apple put up to get the preliminary injunction. She also informed both sides that she wants them to submit a schedule for “any issues” about the dissolving of the ban on Samsung’s once flagship tablet, the Galaxy Tab 10.1. Ultimately this bond could end up going to Samsung if it is determined they were unfair recipients of lost sales due to the ban.

This doesn’t mean the Galaxy Tab 10.1 is out of the clear. The device is an older model, which means it likely cannot makeup any sales that were lost. In addition, while the device wasn’t found in violation of Apple’s design patents, there were other Apple IP infringements that it was found guilty of. As of now, a hearing is set for December to rehear additional arguments by both tech companies.

Reuters

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