Samsung Loses Fight to Stop Galaxy Tab Injunction, Again

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Samsung lost two more motions to stay the preliminary injunction blocking U.S. sales of its Galaxy Tab 10.1 tablet on Thursday. The electronics maker had been hoping to at least temporarily stop the ban Apple won as part of their ongoing patent infringement battle.

Samsung denied motion to stop ban on Galaxy Tab 10.1 salesSamsung denied motion to stop ban on Galaxy Tab 10.1 sales

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 company’s second legal blow for the day came from the Appeals Court and its denial 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 fighting in courtrooms around the world over patent infringement complaints for over a year. Both companies claim the other is using mobile device patents without proper licensing, and Apple has also accused Samsung of blatantly copying the iPad’s look and feel.

Samsung is also dealing more successfully with a preliminary injunction from Apple blocking the sale of the Galaxy Nexus smartphone in the United States. Samsung managed to win a stay in that case, so the Galaxy Nexus can stay on store shelves.

The company didn’t, however, fare as well with its plan to quote from the official Steve Jobs biography during the patent infringement trial. Judge Lucy Koh ruled that statements from Mr. Jobs about going “thermonuclear” to stop Google’ Android OS weren’t admissible, and said, “I really don’t think this is a trial about Steve Jobs.”

Mr. Muller added, “The Federal Circuit decision is, for the time being, an endorsement of Judge Koh’s entry of a preliminary injunction.”

Comments

geoduck

Suppose it ends up that the Galexy Tab IS a copy of the iPad in the US but is NOT in the UK. If Apple has to advertize in England that it was not a copy while Samsung is paying damages, redesigning, and whatever else in America because they did.

This could be interesting to watch

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