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

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.

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

Related phones

GALAXY Tab 10.1
  • Display 10.1" 1280 x 800 pixels
  • Camera 3 MP / 2 MP front
  • Storage 32 GB
  • Battery 6800 mAh

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23 Comments

1. ElektronicGeek91

Posts: 105; Member since: Sep 26, 2012

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

6. Danre

Posts: 85; Member since: Sep 02, 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,

17. Jelly_Bean

Posts: 109; Member since: Sep 11, 2012

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

23. PhenomFaz

Posts: 1236; Member since: Sep 26, 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!

2. Nathan_ingx

Posts: 4769; Member since: Mar 07, 2012

So it's back to square 1?

5. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

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

16. SellsPhones

Posts: 1; Member since: Sep 18, 2012

I see what you did there..

3. Danre

Posts: 85; Member since: Sep 02, 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....

7. Nookie4u

Posts: 133; Member since: Aug 13, 2012

Loading...

8. Seymur unregistered

Not responding, Force close?

4. SamsungFan

Posts: 201; Member since: Apr 16, 2012

Apple s**k

9. Angkor

Posts: 108; Member since: Jul 05, 2012

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

10. sarb009

Posts: 322; Member since: Jun 15, 2011

yuck apple sukk

12. Royal.Troll.

Posts: 2; Member since: Sep 29, 2012

They really do.

11. Lysdesic

Posts: 1; Member since: Sep 29, 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.

13. JunkCreek

Posts: 407; Member since: Jul 13, 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.

15. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

14. xfire99

Posts: 1205; Member since: Mar 14, 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?

18. gallitoking

Posts: 4721; Member since: May 17, 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..

19. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

21. PapaSmurf

Posts: 10457; Member since: May 14, 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.

22. PhenomFaz

Posts: 1236; Member since: Sep 26, 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

20. PapaSmurf

Posts: 10457; Member since: May 14, 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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