Judge Lucy Koh has denied Samsung’s motion to lift Apple’s sales ban on the Galaxy Tab 10.1. This vacates the September 20 hearing in which both parties were scheduled to discuss the matter.
After the watershed Apple v. Samsung ruling in August, which found Samsung in violation of six Apple patents, the parties filed post-trial motions appealing some of the jury’s decisions. Among the first was Samsung’s motion to dissolve a previous U.S. injunction against the Galaxy Tab 10.1, asserting the sales ban should be lifted as the device was found not in infringement of Apple’s D’889 iPad design patent, the basis of the injunction.
Judge Koh noted that the standing injunction cannot be dissolved by the court, since the sales ban is currently under appeal with the Court of Appeals for the Federal Circuit. The judge did rule, however, that “under all circumstances, Samsung’s motion raises a substantial issue, and the Court therefore issues such an indicative ruling.”
Monday’s ruling keeps the ban in place, but there is a possibility the Judge may ultimately have to pass judgment on the issue depending on the appeals court’s decision.
