Judge Koh lifts injunction on the Samsung GALAXY Tab 10.1; Samsung could be awarded $2.6 million
The judge must then have been surprised when the 9 person jury ruled that the Samsung GALAXY Tab 10.1 did not violate any of Apple's design patents, although the jury did rule that utility patents belonging to Apple were infringed upon. Still, it was not enough for the judge to continue banning the sale of the device. Apple had requested that the injunction stay in place until all of the post-trial motions from both sides were ruled on by Judge Koh. She ruled against Apple, and the Samsung GALAXY Tab 10.1 was a free, uh, tablet.
During the patent trial, which Apple won and was awarded $1.05 billion from the jury, the Cupertino company had to put up a bond of $2.6 million to allow the court to ban the sale of the tablet. The bond is requested for situations just like this, when an injunction is reversed. The $2.6 million is supposed to represent the sales lost by Samsung while the tablet was under the ban. The Korean manufacturer could be awarded all or some of that money. And speaking of money, Judge Koh can still decide to triple the $1.05 billion awarded to Apple after a December 6th hearing.
Samsung has said that its financial position was not really affected by the ban on the Samsung GALAXY Tab 10.1, Newer tablets have been released such as the Samsung GALAXY Note 10.1 and the Samsung GALAXY Tab 2 10.1".
11. Birds (Posts: 927; Member since: 21 Nov 2011)
From the front and from a glance all tablets look the same with the exception of the nook tablet. That is a risk that manufacturers make considering brand confussion. And when it comes to tablets, I guess the market can be confusing so samsung and other OEMs jsut need to find an interesting way to tweak their software so Apple doesn't feel threatened, start hot flashing like a crazy old bat with a thousand cats, and goes for the jugular like they clearly proved they were willing to do.
I'm not going to lie, when I looked at that picture I thought I was looking at two iPads until I looked at the bottom of the screen on the Tab.
15. PapaSmurf (Posts: 6621; Member since: 14 May 2012)
If you mistake the Tab 10.1 for the iPad, you need to get your eyes checked.
16. MartyK (Posts: 669; Member since: 11 Apr 2012)
How do you feel about cars?, TV's, stove, refridgerator?...boxes of cereal?...better yet dogs, cats, birds..you see, sometime there is ONLY ONE way a item can be made!! (SMH)..see below for more listing.
arm, leg, finger, circle, head....etc
32. tedkord (Posts: 3914; Member since: 17 Jun 2009)
Thats because people resort constantly to showing the iPad on its home screen, but the other device in its app drawer. This is intentional to try to convince the viewer that they're much more alike than they actually are.
14. PhenomFaz (Posts: 1059; Member since: 26 Sep 2012)
Koh is a turd!
Samsung should just throw the USD $ 2.6 million in Apple and Koh's face and say "KEEP THE CHANGE!"
20. PAPINYC (limited) (Posts: 2044; Member since: 30 Jul 2011)
iDiSagree, I think an iNjunction should be placed on judge (lower case on purpose) Koh (ho).
22. PhenomFaz (Posts: 1059; Member since: 26 Sep 2012)
iAgree :) That is a good alternative too
21. -box- (Posts: 3565; Member since: 04 Jan 2012)
Better late than never, but considering the Tab 10.1's relative obsolecence now I'm not sure what the benefit is, unless making it an introductory budget model against ipad2 or something. Has Android 4.x even been made for it, or is it still stuck on Honeycomb?
2. Hunt3rj2 (Posts: 396; Member since: 11 Nov 2011)
And now let's bash the judge for doing her job!
6. tedkord (Posts: 3914; Member since: 17 Jun 2009)
Personally, I never thought she was an Apple shill. She initially the the case out, but on appeal a higher court ordered her to rethink the decision.
I think she didn't want this case, and made sure it wouldn't be decided in her court, by giving both sides ample grounds for appeal.
19. MartyK (Posts: 669; Member since: 11 Apr 2012)
She could had easliy ended this whole nightmare in a simple way,
Since she couldn't tell the difference between a Rectangle and a Square item, all she had to do was to take the tablet to any 3rd grade classroom, on the board write Samsung is Rectangle --Apple is Square.
Then allow the students in the classroom help her solve this GREAT mystery
3. Droid_X_Doug (Posts: 5281; Member since: 22 Dec 2010)
Not a lot of happy folks in Apple-land.
4. joey_sfb (Posts: 1973; Member since: 29 Mar 2012)
Even the blind people can tell that iPad and Galaxy tab is different, only Apple fans agrees with Apple's bulls**t lawsuits.
5. Droid_X_Doug (Posts: 5281; Member since: 22 Dec 2010)
Perhaps blind people should form the jury pool for cases involving design patents?
23. BREvenson (Posts: 190; Member since: 17 May 2012)
That's a step in the right direction, perhaps the higher court giving it back to her snapped her out of her previous disposition and helped her make the more rational decision of lifting the ban.
This shows that the overall design of tablets are very similar, and suing because you feel consumers will be confused is just idiotic. Put three 10" tablets in a row, and I bet anyone can tell the difference between each of them, especially if one of them has that one button on the bottom.
24. darkkjedii (Posts: 9274; Member since: 05 Feb 2011)
Good for Sammy. I don't like all this banning stuff, it sucks.
25. ddeath (Posts: 152; Member since: 14 Apr 2012)
If tablets cannot be rectangular, I dunno what else can it be. Just like a TV. If Apple invented TV, we will be all doomed.
27. InspectorGadget80 (Posts: 5637; Member since: 26 Mar 2011)
still say shes a stupid a$$ judge from banning it in the first place must be enjoying her free craapple stuff
30. androidrockzz (Posts: 51; Member since: 04 Feb 2012)
take what you give (Apple)!!!
what do u guys think, will judge triple or increase the amount for samsung after dec hearings or is she scared now?