This evening, the now very famous Judge Lucy Koh, lifted the three-month ban on Samsung's Galaxy Tab 10.1. This follows an order from the U.S. Court of Appeals for the Federal Circuit which allowed Judge Koh to make the decision.
"The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court's finding that Samsung likely infringed the D'889 Patent. The jury has found otherwise," Koh's ruling read. "Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court finds it proper to dissolve the injunction."Advertisement
The Galaxy Tab 10.1 was first banned back in June, but had a stipulation that the ban could be reversed if Samsung was cleared of infringing Apple's D'889 tablet design patent. In the biggest Tech trial in recent memory between Samsung and Apple last month, Samsung was found to infringe on that patent. Which lead Samsung to appeal that decision and get this ban over turned. The only thing left was that the judge presiding over the case, Judge Lucy Koh, did not have the jurisdiction to make the decision. But last week a higher court granted her with that power.
Along with this decision, Judge Koh said that the court would hang on to the $2.06 million bond Apple put up to get the preliminary injunction. She also informed both sides that she wants them to submit a schedule for "any issues" about the dissolving of the ban on Samsung's once flagship tablet, the Galaxy Tab 10.1. And of course we know Apple is going to appeal this.
It's still not over. Both Samsung and Apple are expected back in court on December 6th to discuss a number of post-trial issues, including banning of 8 Samsung devices which were found to infringe on Apple's patents.
Who else is tired of Apple suing everyone in sight? I wish they would just innovate instead of adding a half an inch to the top of their smartphone. Hopefully Samsung can keep these devices from getting banned, or at least push updates to fix the infringement before December 6th. So who dislikes Apple even more after this?