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