U.S. Judge says no to Apple's request for injunction on Samsung GALAXY Tab 10.1

U.S. Judge says no to Apple's request for injunction on Samsung GALAXY Tab 10.1
More judicial action was seen Monday in the dispute between Apple and Samsung over the former's claim that the latter infringed on an Apple iPad design patent. Judge Lucy Koh, who is getting as well known in the tech world as Apple CEO Tim Cook, refused to issue an injunction against the Samsung GALAXY Tab 10.1 that was requested by Apple. The judge says that she wants to wait for a ruling on the issue from the United States Court of Appeals for the Federal Circuit. Koh had initially rejected Apple's bid for an injunction on the tablet last year, and Apple appealed that ruling.

Last month, the Court of Appeals ruled that Apple could ask for an injunction against the Samsung GALAXY Tab 10.1, but not against any of Samsung's smartphones. Four days after this ruling, Apple refiled its motion for the injunction against the tablet and it is this motion that Judge Koh refused, saying that the Appeals Court has not issued a "formal mandate" of its findings. The Judge said that the Appeals Court could decide to "rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand,"  saying that any injunction she issues now could cause "confusion".

Samsung GALAXY Tab 10.1

Samsung GALAXY Tab 10.1

Apple tried unsuccessfully to show the judge that there was precedent for her to rule before the appellate court made its decision, citing a 1951 case where a ban was issued by the court before the Appeals Court made a "formal mandate" in order to get dangerously mislabeled drugs off the market. Once the "formal mandate" is issued, it seems likely that Apple will get its injunction. Still, it might prove to be a hollow victory for Apple since Samsung has already replaced the Samsung GALAXY Tab 10.1 with the Samsung GALAXY Tab 2 (10.1).

Both Samsung and Apple are battling in court over patent infringements in 10 different countries. Last month, the CEOs of both firms got together for two days in an attempt to come to some sort of settlement. The talks proved to be unsuccessful.

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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115 Comments

1. anywherehome

Posts: 971; Member since: Dec 13, 2011

Thank you, smart judge!..... we all know that Apple is ill and rotten company: - Apple ebook price-fixing lawsuit - Steve Jobs is no one you can trust - FBI proved lies, drugs, ... - $1.2 million fine in Italy. - Apple want to destroy competitor with ridiculous patents, want to rule himself without any competition. - To make Apple behave right you have to sue him. (Antenna-Gate Lawsuit) - and many many more rotten things, ...

3. remtothemax

Posts: 260; Member since: May 02, 2012

I don't know about anything else for certain but apple was not was not was not engaged in an e-book price-fixing scheme they went with their by now well establish 30% agency model and took it to the big six publishers and said take it or leave it with amazon doing everything it could to create a monopoly on the e-book market, they had no choice apple did nothing but offer their services amazon is the one that is making the whole market so negative for everyone if the publishers weren't desperate, they never would have accepted apple's terms in the first place just do a little research the doj and amazon are the bad guys in that one

5. anywherehome

Posts: 971; Member since: Dec 13, 2011

Do you really trust Apple? I have no reason to trust them....even if it is true what's you're saying.

114. remtothemax

Posts: 260; Member since: May 02, 2012

at what point did i suggest anyone trust apple? i am just trying to clarify facts for a currently running issue that is currently being decided which could greatly impact how books work in our society i just pointed out that apple is not engaged in price fixing

13. theBankRobber

Posts: 682; Member since: Sep 22, 2011

Lets not talk about a certain company trying to become a monopoly because Apple tries to sue everyone who makes a smartphone or tablet.

17. remtothemax

Posts: 260; Member since: May 02, 2012

I am just saying, in this instance, Amazon is the big bad guy, not apple in all other respects they may be a monopolistic monster but such is the internet

20. tedkord

Posts: 17136; Member since: Jun 17, 2009

The DOJ disagrees. Look, Apple and the book companies, set up a system where they could control the prices retailers charged. Specifically, Apple got agreements that no one would be able to sell at a lower price than them. That's price fixing. Generally, a monopoly means higher prices/less choice for the consumer. Prior to Apple's collusion, prices were lower, and went up when Apple and the publishers got together. What business should it be of the publishers what price Amazon wants to sell their products for? Once Amazon buys it of them, they can sell it for any price they like - the publisher still made their money.That's called a free market, and I don't know why people having choices scares Apple so badly. I'll take Amazon over Apple any day. Hell, I'll take Amazon over nearly ANY company any day. I've been dealing with them for years, and they're top notch. Great prices, great service. I've never gotten the wrong order, never gotten one late, and had zero problems with replacements for defective merchandise. I ordered a text book for my daughter's summer college course last Friday with my Prime membership. It was estimated to arrive Tuesday. It came in Saturday, 1 day after ordering. You can't beat that,

47. remixfa

Posts: 14605; Member since: Dec 19, 2008

there are all sorts of awesome deals on amazon. i use it all the darn time. Them andwww.newegg.com for computer stuff.

113. remtothemax

Posts: 260; Member since: May 02, 2012

No you see, Amazon is using predatory pricing with their e-books. They sell them at a loss. They are using their other business to be able to sell e-books lower than any other distributor. What was happening was everyone else was going out of business because no one was as big as Amazon. Now Amazon being the only seller of e-books isn't necessarily bad, except they have a huge track record of bullying publishers, especially small indie publishers and authors. This was causing major problems in the publishing... Look this is going to take too long to explain properly. All I have to say is you do not know of what you speak. Amazon is the real bad guy. They are the ones using malicious and predatory strategies to literally run other people out of business. Go to mhpbooks.com to read their summaries of the issue. They are an indie book publisher who have been reporting on the whole saga with Amazon. They are no Apple lovers, but believe me, Amazon really is doing some unethical things here. If the DOJ wins the case, things are going to get pretty bad. The losers won't be the big six or Apple, I know that. It is going to be all the small Indie publishers. There was no price collusion. Actually if you read the articles about the issue, the CEO of...I think it was Harper Collins said that the decision to go with Apple was one of the hardest and the loneliest decision he ever made as a CEO. He didn't want to go with Apple, he had no choice. Damn it, do your research guys! But whatever. I am a troll, I guess because I care about truth and won't just go with the easy answers and the flow. Bah!

95. InspectorGadget80 unregistered

THE ONLY BAD GUY I SEE HERE IS U and APPLE. Plus Amazon is a good guy. NOT EVERY ONE doesn't want to SPEND 500$ on a tablet. AMAZON KINDLE FIRE is another choice. you can do apps music videos don't need a camera on a tablet. AMAZON KINDLE FIRE is like one of the top tablet on their web site. you need to get you're facts straight FANBOY/TROLL. Apple is trying to BAN every manufacturer around the country and globe

112. remtothemax

Posts: 260; Member since: May 02, 2012

I am a fanboy because I have interest in the fate of books and the print industry? Did you not read the first line I wrote in my initial comment?

33. anywherehome

Posts: 971; Member since: Dec 13, 2011

and here you can all see that Apple is a liar and thiefhttp://goo gl/DuauX Apple stole "rectangle" first! Ugly thief! :-D

115. Mxyzptlk unregistered

Judge isn't smart. This is just another example of a broken legal system in the US where OEMs can copy off Apple and get away with it.

2. Mxyzptlk unregistered

Justice is so blind in the US.

14. -box-

Posts: 3991; Member since: Jan 04, 2012

Justice is blind (or supposed to be) everywhere. That's why she wears a blindfold while holding the scales.

21. tedkord

Posts: 17136; Member since: Jun 17, 2009

But, it is just. Especially in this case.

107. Mxyzptlk unregistered

Aww. I must've upset 20 people with my comment.

4. sid101

Posts: 2; Member since: Jun 01, 2012

They should set up a new court just for Apple ..... maybe name it "One Infinite Lawsuit" :)

7. tomn1ce

Posts: 247; Member since: Mar 12, 2012

or icourt o_O

65. tha.fox

Posts: 100; Member since: Nov 30, 2011

no icourt and ilawsuit

6. imsickwithphone

Posts: 76; Member since: May 17, 2012

APPLE!!! ENOUGH!!!!!

8. som

Posts: 768; Member since: Nov 10, 2009

Apple must drop all lawsuits it is a waste of money not innovations.

9. mercorp

Posts: 1045; Member since: Jan 28, 2012

Samsung stole the precious thing.

11. RangersK

Posts: 68; Member since: May 15, 2012

stole your heart?

15. -box-

Posts: 3991; Member since: Jan 04, 2012

The one ring?

16. tedkord

Posts: 17136; Member since: Jun 17, 2009

The position of number one smartphone OEM? The record for fastest selling device? What did Samsung steal.

25. taco50

Posts: 5506; Member since: Oct 08, 2009

Ted you know Samsung copied Apple. Anyone with two eyes can see that.

35. tedkord

Posts: 17136; Member since: Jun 17, 2009

Samsung copied Apple just as much as Apple copied Palm and WinMo. In other words, Samsung stood on the shoulders of giants, just as Apple did with the original iPhone. There's an hilarious story over at BGR, where Gellar ejaculates while guessing what to expect in iOS 6. At the end, he asks people what they'd like to see included, and the comments section is filled with people hoping for features Android has had for years. So, I gues the Apple faithful are hoping for some more "innovation" like the type that brought them the notification tray. (And, those with eyes not gummed up with Steve Jobs' semen see a little more clearly.)

38. taco50

Posts: 5506; Member since: Oct 08, 2009

Palm and winmo had to be redesigned from scratch because they couldn't compete with iOS. Try to take off the fandroid glasses. iOS is about trade offs. They'll leave features out because what it does, it does really really well. The original iPhone didn't do mms for example, but it didn't matter because the UI was so revolutionary. That's what the Apple bashers dont get. Apple leaves stuff out on purpose until it works up to their standards. Android throws it in right away even if it doesn't work that well. It's two different strategies and the consumer has a choice of which they prefer.

41. tedkord

Posts: 17136; Member since: Jun 17, 2009

Yes, they do have a choice. And the majority are choosing Android. And rather than trying to compete to win share (because their walked garden philosophy prevents being able to compete), Apple attempts to stifle the competition through bogus lawsuits. I have no problem with the iPhone, I think its a great piece of tech. I want everyone who wants one to have one. But, I don't want Apple to try and limit my choices, by suing and banning other devices because they're rectangkes with grids of icons. I don't deny the iPhone put it all together better than Palm and WinMo. But, they didn't invent any of it. They copied it, in a slicker package. Now, they want to hold Samsung to a different standard. It's okay for us to take elements from other devices, but no one can take them from us. I had hoped that the ego and narcissism had died with Steve Jobs, but so far it hasn't.

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