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Appeals court kicks Samsung GALAXY Tab 10.1 injunction decision back to Judge Koh

Posted: , by Alan F.

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Appeals court kicks Samsung GALAXY Tab 10.1 injunction decision back to Judge Koh
When the jury verdict in the Apple-Samsung patent battle came in, the nine members of the jury surprisingly did not find that the Samsung GALAXY Tab 10.1 had infringed on Apple's design patents, but did infringe on Apple's utility patents. Since Judge Lucy Koh had previously placed a preliminary injunction on the tablet because it looks like the Apple iPad, and the jury did not agree, Samsung asked for the preliminary injunction to be removed. The jury did find that the tablet infringed on some of Apple's software, but that had nothing to do with the preliminary injunction in the first place.

The Samsung GALAXY Tab 10.1

The Samsung GALAXY Tab 10.1

Just because the question of the dissolution of the Injunction has been sent back to Judge Koh, it doesn't mean that she will automatically free the tablet from its sales ban. Apple is asking the judge with its Rule 50 filing, to overturn the jury's decision on the D'889 design patent. The hearing will take place on December 6th, but the judge could make a ruling before that date based on the case being remanded back to her. Judge Koh needs to look into the future and decide what will happen based on the hearings in December. If she feels that Apple will prevail and the jury's decision overturned on the patent issue with the Samsung GALAXY Tab 10.1, she could decide to continue the injunction until the December 6th hearing. On the other hand, since Rule 50 reversals are not easy to come by, she could decide to give Samsung it's dismissal. Either way, the December 6th hearing will bring about her final decision which could result in a permanent injunction against the tablet.

Samsung has said that the preliminary injunction has not had any affect on the company, so whichever way Judge Koh does rule, it won't change things at all.

source: FOSSPatents

23 Comments
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posted on 29 Sep 2012, 02:22 26

1. ElektronicGeek91 (Posts: 105; Member since: 26 Sep 2012)


Apple is a joke.... I think they're just real scared Samsung gonna take them out of business aha

posted on 29 Sep 2012, 03:31 12

6. Danre (Posts: 85; Member since: 02 Sep 2012)


Apple know that there i$**p are fools .Only rounded corner is enough to make confuse with other product.
So, no wonder apple files too many patent cases,

posted on 29 Sep 2012, 18:03 1

17. Jelly_Bean (Posts: 109; Member since: 11 Sep 2012)


Hahahaahahahhaahha

Season is changing so just wait and watch until whole Apple get rotten....!! lolzzzzzzzzzz

posted on 30 Sep 2012, 07:16 1

23. PhenomFaz (Posts: 1064; Member since: 26 Sep 2012)


Koh = krap!
All sales figures show a relative decline for the shipment, demand and sales of iPhone 5 as and when compared to their own previous figures so the writing's on the wall!

posted on 29 Sep 2012, 02:29 9

2. Nathan_ingx (Posts: 2992; Member since: 07 Mar 2012)


So it's back to square 1?

posted on 29 Sep 2012, 03:13 3

5. Droid_X_Doug (Posts: 5534; Member since: 22 Dec 2010)


How so? Either way (injunction being released or continued), according to Sammy, they have not been affected by the injunction.

posted on 29 Sep 2012, 13:19

16. SellsPhones (Posts: 1; Member since: 18 Sep 2012)


I see what you did there..

posted on 29 Sep 2012, 03:08 7

3. Danre (Posts: 85; Member since: 02 Sep 2012)


He who takes offense when no offense is intended is a fool, and he who takes offense when offense is intended is a greater fool...... same goes to APPLE....

posted on 29 Sep 2012, 04:43 7

7. Nookie4u (Posts: 127; Member since: 13 Aug 2012)


Loading...

posted on 29 Sep 2012, 07:06 1

8. Seymur (unregistered)


Not responding, Force close?

posted on 29 Sep 2012, 03:10 14

4. SamsungFan (Posts: 201; Member since: 16 Apr 2012)


Apple s**k

posted on 29 Sep 2012, 07:30 7

9. Angkor (Posts: 108; Member since: 05 Jul 2012)


Samsung must appeal to the US Supreme Court to throw out $3 billions Apple won and requested additional by crazy Judge Koh.

posted on 29 Sep 2012, 07:52 5

10. sarb009 (Posts: 284; Member since: 15 Jun 2011)


yuck apple sukk

posted on 29 Sep 2012, 10:26 2

12. Royal.Troll. (banned) (Posts: 2; Member since: 29 Sep 2012)


They really do.

posted on 29 Sep 2012, 08:14 2

11. Lysdesic (Posts: 1; Member since: 29 Sep 2012)


I love how this works out perfectly as an example for my politics assignment: basically, I need to give an example of flaws in the United States government. And the Apple Vs Samsung case works perfectly: Its tiresome, s**t doesn't get done, and the judges/juries seem to have their heads shoved up their asses.

I mean really? Apple is just being a douche, nothing new. But why does it seem that they have the advantage. The companies should be able to coexist without all this bulls**t and spineless attempts to screw each other over.

posted on 29 Sep 2012, 11:16 1

13. JunkCreek (Posts: 399; Member since: 13 Jul 2012)


Apple: PC they loose - Windows dominated while using Mac is just cool

Smartphone: If Apple loose, what else they're gonna sell? charger? lightning cables? they are compactible with nothing on earth but just for Apple.

So, if Apple loose in Smartphone, they loose everything and so United States would loose some more as Wall Street must be down if Apple gone. That's why US defense Apple so greatly. But I don't know, Microsoft also so big, so it would be nothing to loose to loose Apple, accept may be there would be again so many people become unemployed and that's would affect US economic once again.

posted on 29 Sep 2012, 11:28 2

15. Droid_X_Doug (Posts: 5534; Member since: 22 Dec 2010)


Ummm. Could you provide some 'proof' to back up your assertions? I could claim that the Moon is made of green cheese, but without proof, it would be just so much blather.

posted on 29 Sep 2012, 11:20 2

14. xfire99 (Posts: 412; Member since: 14 Mar 2012)


What the heck do u need jurys for, if a judge can overrule its decision and is Koh blind or something?
Looks fishy all and Koh is surely awaiting a big fat check later.
9 peoples have wrong vs 1 stupid blind judge?

posted on 29 Sep 2012, 19:01

18. gallitoking (Posts: 4680; Member since: 17 May 2011)


so far Sammy has been all bark no bite.. Apple is waiting for their device ban that Sammy claimed it was going to do because of LTE... the Galaxy tab hasnt sold because it was a copycat product..

posted on 29 Sep 2012, 20:18 1

19. Droid_X_Doug (Posts: 5534; Member since: 22 Dec 2010)


No bite? Nothing like selling 20 million GS IIIs in 100 days for bite. Meanwhile, Apple sold what, 5 or 6 million iP5s on opening weekend and Timmy had to publicly express 'extreme sorrow' for the perfidious lash-up that is iMaps....

Yeah, sounds like Sammy is an empty chair.

posted on 29 Sep 2012, 20:36 1

21. PapaSmurf (Posts: 7370; Member since: 14 May 2012)


Don't forget the scatches on the "premium aluminum", wifi issues, the cracks and scratches that came with the phone, and the light issues.

posted on 30 Sep 2012, 07:13

22. PhenomFaz (Posts: 1064; Member since: 26 Sep 2012)


I ahve personally listed 12 defects an iPhone 5 unit has out of the box!!! And it just doesn't seem to end there

posted on 29 Sep 2012, 20:34

20. PapaSmurf (Posts: 7370; Member since: 14 May 2012)


So based on your logic, the Samsung Galaxy SIII is a device that isn't going to sell because Apple says its a direct copy of their iPhone?

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