Apple says Preliminary Injunction on Samsung GALAXY Tab 10.1 cannot be dissolved while on appeal
0. phoneArena 11 Sep 2012, 02:17 posted on
On Monday, Apple filed its motion in District Court seeking to block Judge Lucy Koh from removing the preliminary injunction on the Samsung GALAXY Tab 10.1; Apple claims that the judge cannot dissolve the preliminary injunction while it is on appeal...
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2. Droid_X_Doug (Posts: 5955; 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.