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9/18/2012
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Judge Denies Samsung Request To Lift Tablet Ban

Samsung wants to sell its Galaxy Tab 10.1 tablet in the U.S. again, but judge says jury's exoneration is not enough to lift injunction.

10 Tablets To Shake Up 2012
10 Tablets To Shake Up 2012
(click image for larger view and for slideshow)
Samsung can't catch a break when it comes to its various patent lawsuits against Apple, it seems. U.S. District Court Judge Lucy Koh denied Samsung's request to lift a sales injunction currently preventing it from selling the Galaxy Tab 10.1 in the U.S.

The preliminary injunction was put in place in late June, ahead of the big patent trial between Apple and Samsung that unfolded during July and August. Apple alleged that Samsung's tablet copied its design language and Judge Koh granted its request to block sales of the tablet temporarily.

Last month, the jury exonerated Samsung's tablet from infringing on Apple's design language. Naturally, Samsung asked to have the sales ban lifted.

"Judge Koh denied Samsung's motion for immediate dissolution of the preliminary injunction on purely procedural grounds," reports FOSS Patents. "Neither did she hold that the Aug. 24 verdict had automatically dissolved the preliminary injunction, nor did she see that she currently, with the preliminary injunction being on appeal before the Federal Circuit, has jurisdiction to make such a decision even if she thought that it would be the right one."

[ Did you know? Apple Sold 24 Times More Tablets Than Samsung. ]

This means that, for the time being, Samsung may not resume sales of the tablet.

FOSS Patents further explains that due to the way the proceedings will unfold over the next few months, the injunction could be lifted and then reinstated. It appears that Judge Koh doesn't want to make decisions that lead to further legal action--in other words, appeals--down the road.

Meanwhile, Apple was denied its own request to immediately ban eight smartphones. Apple's request to move the hearing up were also denied.

Samsung and Apple are headed to a Dec. 6 hearing during which they will present arguments about the devices affected by the ruling. Apple hopes to prevent Samsung from selling a number of devices, while Samsung will be fighting for the opposite.

The jury awarded Apple $1 billion in damages in its Aug. 24 decision.

In a separate case, the U.S. International Trade Commission recently found Apple not guilty of infringing on six different Samsung patents. This was a preliminary ruling made by an administrative law judge. The decision will need to be upheld by the full ITC panel. Samsung can request that the ITC panel conduct a "thorough review" before making a final determination in that case. If and when the ITC does make a final decision, Samsung can appeal if it doesn't agree with the outcome.

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