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Judge denies Apple a permanent ban on Samsung devices, tosses Samsung’s attempt at a new trial

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Judge denies Apple a permanent ban on Samsung devices, tosses Samsung's attempt at a new trial


A permanent sales ban on a number of Samsung devices isn't happening, says Judge Lucy Koh, shooting down an injunction request filed by Apple. In a filing denying the motion, Koh admits that Samsung may have cut into Apple's customer base, but says "there is no suggestion that Samsung will wipe out Apple's customer base or force Apple out of the business of making smartphones. The present case involves lost sales -- not a lost ability to be a viable market participant." Although Koh admits it's undeniable that Samsung has violated certain patents, Apple has failed to show that it has lost sales to Samsung specifically because of these patent violations, noting that "it is not a case where the patented inventions are central to the infringing product." Apple's sale loss could just be because Samsung is the company's direct competitor. The Judge shot down one of Samsung's requests too, denying the company a new trial due to alleged jury misconduct. Looks like that billion dollar verdict isn't going anywhere.

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Source: Verge, FOSS Patents, Reuters

Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction

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One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals -- a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung's request to have the injunction issue remanded so that the trial court can re-consider Samsung's motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we're pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

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Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction originally appeared on Engadget on Fri, 28 Sep 2012 15:16:00 EDT. Please see our terms for use of feeds.

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Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

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Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores

Samsung may have been quick to appeal Judge Lucy Koh's decision to halt Galaxy Tab 10.1 sales, but the woman with the gavel isn't bending. According to Reuters, Judge Koh has rejected the firm's request to allow sales to continue pending a decision, keeping store shelves empty for the time being. The story isn't over, of course -- if Samsung wins the appeal (or the greater dispute) tablets will return to stores in droves. Either way, we all look forward to a time when this whole mess is behind us.

Judge Koh denies injunction stay, keeps Samsung Galaxy Tab 10.1 out of stores originally appeared on Engadget on Mon, 02 Jul 2012 21:57:00 EDT. Please see our terms for use of feeds.

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Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated)

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Judge Koh stops US sales of Galaxy Tab 101, puts a smack down on Samsung updated Judge Koh enjoins sales of Galaxy Tab 101, puts a smack down on Samsung

Thought Samsung was out of the woods when it defeated Apple's attempt to prevent it from selling the Galaxy Tab 10.1 stateside? Well, Apple appealed that decision and was given a second crack at banning Sammy's slate last month -- and it looks like Cupertino made the most of the opportunity, as Reuters reports that Judge Koh has granted Cupertino's request to enjoin the sales of the Galaxy Tab 10.1. Details are scarce at the moment, but we do know it's only a preliminary injunction, meaning if Samsung's ultimately victorious in the case, the injunction will lift and it'll be free to peddle its wares once again. Still, it's certainly bad news for the Korean company, but given its expansive stable of other slates still on sale combined with its recent economic performance, we're sure Samsung can weather the storm while the courtroom fireworks continue.

Update 1: All Things D got a copy of Koh's order, and we just gave it a quick read. Turns out that she granted the injunction due to the strength of the merits of Apple's case and the unlikelihood that Samsung would invalidate Apple's design patent -- the court already held that the 10.1 is "virtually indistinguishable" from the iPad's design and likely infringes Apple's IP. Furthermore, Judge Koh held that, because Apple and Samsung are direct competitors in the tablet space and "design mattered more to customers in making tablet purchases," Apple would be irreparably harmed by further 10.1 sales. Those two factors outweighed any hardship suffered by Samsung, and thus, the Galaxy Tab 10.1 was stricken from US shelves.

Update 2: Well, that didn't take long -- a mere five hours after Judge Koh's order, Samsung filed an appeal, according to Foss Patents.

Judge Koh stops US sales of Galaxy Tab 10.1, puts a smack down on Samsung (updated) originally appeared on Engadget on Tue, 26 Jun 2012 21:44:00 EDT. Please see our terms for use of feeds.

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