Samsung has lost two more motions to stay the preliminary injunction that is blocking sales of its Galaxy Tab 10.1 in the United States. The electronics giant had been hoping to at least temporarily end the ban that Apple won as part of the ongoing patent infringement battle between the two companies.
Samsung’s Federal Circuit Court appeal to stay the injunction during the appellate process was denied, backing up an earlier ruling from the Appeals Court. As part of the new ruling the Federal Circuit Court said that the company failed to show that it would suffer any real harm from the injunction.
The second legal blow for Samsung came later, as the Appeals Court denied a motion to expedite the appeal process.
“In practical terms, this decision means that the next procedural opportunity for Samsung to regain its right to sell the Galaxy Tab 10.1 in the U.S. will be the trial that is scheduled to start on July 30,” said Florian Muller of Foss Patents. “But since the Federal Circuit would have stayed the injunction if it believed in Samsung’s chances of prevailing at trial, it’s clear that Samsung faces an uphill battle.”
Apple and Samsung have been waging a world-wide legal battle over patent infringement claims for over a year. Both companies claim the other is using their technology in its mobile devices without the proper licensing.
Samsung has been able to deal successfully with a preliminary injunction blocking the sale of the Galaxy Nexus smartphone in the U.S. Samsung won a stay on that injunction, so the Galaxy Nexus remains on sale.
