Apple recently won a ruling from the U.S. Court of Appeals for the Federal Circuit, finding that Apple's design-related patent on the Apple iPad is valid. That overturned the ruling made by a California court that prevented Apple from seeking an injunction against the Samsung GALAXY Tab 10.1. With the ruling from the Appeals court in its pocket, late Friday Apple filed a motion seeking an injunction on the Samsung tablet which could result in the device getting pulled from stores as soon as next month.
FOSS Patent's Florian Mueller said that Apple's injunction motion has a great chance in succeeding considering that one Circuit Court Judge believes that a ban is warranted by the evidence presented by Apple and even issued a dissenting opinion saying that simply tossing the original verdict in the California was not enough relief for the Cupertino based manufacturer, and that Apple deserved more.
"Circuit Judge Kathleen O'Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering. But the majority of the judges saw 'no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable."-Florian Mueller
If the CEO-level talks fail, the Korean based Samsung will most likely request a hearing on the injunction motion on the Galaxy Tab 10.1 which could take lace on June 7th when a separate injunction involving the Samsung GALAXY Nexus is to be heard. If Apple does win an injunction, it could lead to a redesign of the tablet. That is what Samsung did in Germany when an injunction was issued against the Samsung GALAXY Tab 10.1 in the country which forced Samsung to re-issue the tablet as the Samsung GALAXY Tab 10.1N. Considering that Samsung has already launched the Samsung Galaxy Tab 2 (10.1), it might all be a moot point anyway.
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