Apple says Preliminary Injunction on Samsung GALAXY Tab 10.1 cannot be dissolved while on appeal
June 26, 2012 Preliminary Injunction order automatically dissolves upon entry of the final judgment in the trial. The second asks if the Preliminary Injunction cannot be dissolved while it is under appeal. the third issue is whether the District Court has jurisdiction to rule on Samsung's request to dissolve the PI while it is under appeal. While Apple responded to the questions, it added that the Samsung GALAXY Tab 10.1 would have to be banned anyway because of the three Apple multitouch software patents it was found to infringe on.
While Apple had pressed for the preliminary injunction earlier this year, Judge Koh at first refused to issue it while the matter was being heard in the Federal Appeals Court. Once the Appeals Court sided with Apple, the judge quickly issued the PI on the tablet and Samsung appealed. It is this appeal, which a ruling has yet to be issued on, that might keep the Judge from dissolving the Preliminary Injunction. The theory is that she refused to give Apple the Preliminary Injunction while the matter was under appeal. Since the matter remains under appeal, the judge might feel that she cannot dissolve the PI. The court must treat the party seeking an injunction no differently than the party seeking to dissolve it. Since the Appeals Court's earlier involvement had blocked Judge Koh from issuing the Preliminary Injunction at first, the Appeals Court's involvement now could prevent her from removing the legal binds and setting the Samsung GALAXY Tab 10.1 free.
2. Droid_X_Doug (Posts: 5593; Member since: 22 Dec 2010)
Huh? This is the most twisted pretzel logic I have heard to date. The presence of a pending appeal does not prohibit judge Koh from dissolving the injunction, since it was granted on a basis that was not upheld by the jury. The foundation for the injunction was whether Apple would prevail at trial.
Apple could ask for a sales ban based on the patents that were found to have been infringed, but that s a different kettle of fish. Supposedly, Sammy could load ICS (better yet JB) and the infringement goes away.