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Samsung Galaxy Tab 10.1 Injunction May Be Lifted
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The weired verdict in the Apple vs Samsung case has opened a Pandora's box - the more the foreman is talking to the press the more inconsistencies we are getting to know. This disclosure makes Apple's victory look like a soap bubble. However, there is one clear win for Samsung. The jury did not find the 'banned' Galaxy Tab 10.1 infringing upon any of Apple's patents.
So, Samsung filed a motion to lift the ban. The judge decided to hear the motion in September. Apple filed another motion to get more Samsung devices banned and Apple wanted the court to hear this motion on the same day when it will hear Samsung's motion.
The judge denied Apple's request. The reason was Samsung's motion is simple, about only one product infringing one alleged patent (that stupid rounded corner patent which should not have been granted in the first place), as explains PJ on Groklaw. On the contrary Apple's motion is complicated.
...Apple's request is complex, involving trying to block from the US at least 8 Samsung products (and whatever else Apple decides to throw in there). Apple and Samsung have also agreed, and the judge has signed off on it, that there will be no enforcement of the jury verdict until certain post-verdict motions are decided. And there's more to come on certain Apple claims that the judge, not the jury, has to decide.
Judge Koh has decied that Apple's motion can't be heard until December. Apple wanted to file a motion for reconsideration arguing it was unfair. Judge denied the request.
But, what will happen to Galaxy Tab 10.1 which was not found to be infringing upon any patents?
Judge Koh has asked the parties to brief her on the following issues on Samsung's motion to dissolve, starting with this: isn't a preliminary injunction automatically dissolved if a jury finds you not infringing after all, or does the fact that it's being appealed impact that?