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Galaxy Tab 10.1  (Source: gottabemobile.com)
The jury decided that the Galaxy Tab 10.1 didn't copy any Apple patents, but the judge upheld the ban for now

Samsung has been through quite an ordeal with Apple regarding patent lawsuits, and it doesn't look like things are getting any easier -- especially for the Galaxy Tab 10.1.

Federal Judge Lucy Koh, who is presiding over the Apple/Samsung patent case, ruled on Monday that the ban on Samsung's Galaxy Tab 10.1 will not be lifted despite a recent jury decision. 

Back in August, a jury in the U.S. District Court for the Northern District of California reached an unfavorable verdict for Samsung, saying that the South Korean electronics maker was guilty of violating technology patents. In other words, most of Samsung's smartphones and tablets in question were found guilt of copying Apple's iPhone and iPad designs. 

However, one glimmer of hope for Samsung was that the jury also ruled in favor of Samsung's Galaxy Tab 10.1, which was banned June 26 by Koh for infringing on Apple patents. The jury decided that the Galaxy Tab 10.1 did not violate these patents afterall. 

As a result of this decision, Samsung asked Koh earlier this week if the preliminary injunction could be lifted. Koh gave a big fat "no," saying that it wouldn't be appropriate to lift the ban now that the case is going before an appeals court. However, she did give Samsung the option to re-address the issue later in her courtroom. 

Samsung and Apple are set to meet again December 6 for other post-trial motions.

The Apple-Samsung patent war began in April 2011 when Apple claimed Samsung was an "iPhone, iPad copycat." More specifically, Apple said Samsung's Galaxy S 4G, Epic 4G and Nexus smartphones infringed on Apple's patents. 
 
Apple worked pretty hard to ban Samsung's smartphones and tablets around the world, and successfully accomplished this in countries like Germany and Australia. Samsung launched a few lawsuits of its own regarding 3G patents, and was also able to lift the ban on its Galaxy Tab 10.1 in Australia in December 2011. However, Samsung wasn't so lucky in Germany, where the Galaxy Tab 10.1 is still banned.








Source: All Things D



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Easy way out
By Shadowself on 9/19/2012 9:06:55 AM , Rating: 5
Judge Koh just took the easy way out -- par for the course for her.

The Galaxy Tab 10.1 ban is currently in review at an appeals court. Koh just said that until that appeal is heard she's not making any ruling at all on that device. Legally she just ducked the question. She really didn't make a ruling -- just a deferral. She stated that after the appeal has run its course Samsung can come back to her and ask for a lift of the ban -- something that may happen under the appeal anyway.

Koh has repeatedly throughout the Samsung/Apple case done everything she could to reduce her workload. She's limited discovery. She's limited filings. She even limited the instructions to the jury. If she could avoid work, she's done it.

This "ruling" is no different.




RE: Easy way out
By Gondor on 9/19/2012 10:06:12 AM , Rating: 1
She's on Apple's payroll, proving it over and over again. Why be so blatant about it though, it bound to strike back eventually ?


RE: Easy way out
By inperfectdarkness on 9/19/2012 11:32:52 AM , Rating: 5
Koh should be demoted to small-claims court for the rest of her judicial career.


RE: Easy way out
By Samus on 9/19/2012 1:56:06 PM , Rating: 2
As this was a trial by jury, I don't see how Koh has much to do with the outcome of this case. The damages (1.1B) are actually a fraction of what Apple originally wanted, but now I hear they want the damages tripled.


RE: Easy way out
By Natch on 9/19/2012 3:02:26 PM , Rating: 2
A judge sets the tone, and establishes the rules, for any court in which they preside. This judge prevented some evidence from being admitted, that could have changed the jury's decision, had they been able to view it. And we're not talking weird, off the wall stuff, either, but the type of evidence that has been used in the past to defeat charges of copying patents/ideas.

Don't be surprised when this entire deal is overturned, in Samsung's favor.


RE: Easy way out
By t_sandman on 9/19/12, Rating: 0
RE: Easy way out
By Mint on 9/19/2012 9:14:58 PM , Rating: 2
I hate Apple's tactics and disagree with the verdict, but I agree with almost everything you said here. The jury and Samsung's tardiness was the problem, not the judge.


Where's the DOJ?
By shin0bi272 on 9/19/12, Rating: 0
RE: Where's the DOJ?
By joeRocket on 9/19/2012 1:40:07 PM , Rating: 2
Government is only interested in helping American companies. Samsung is not domestic.


RE: Where's the DOJ?
By Noonecares on 9/19/2012 8:18:26 PM , Rating: 2
Where is Apple's factory in the US? Where is Samsung's? Also, the federal court above her made her actually take the case. She tried to toss it out of her courtroom way back when. Apple has some deep pockets. Oh well.


RE: Where's the DOJ?
By Samus on 9/20/2012 2:01:20 AM , Rating: 2
When it comes down to which company pays more corporate tax in the United States, it is clearly going to be Apple. Even with Samsungs mobile and entertainment business, they are a fraction of the size of Apple. Over the past 5 years, Apple profit margins have been triple those of Samsung.

So there is some favoritism, clearly shown by ITC, Customs, and the FCC.


RE: Where's the DOJ?
By factionlimit on 9/20/2012 12:29:06 PM , Rating: 2
Not sure what factories have to do with this article. A simple google search gives you:

Apple Corporate Office & Headquarters located at 1 Infinite Loop in Cupertino, CA.

Samsung Corporate Office & Headquarters located Seoul, South Korea.

Samsung has an American division based in NJ but that does not make them domestic. Apple's "factories" are hired not owned.


RE: Where's the DOJ?
By Pirks on 9/20/2012 5:23:40 PM , Rating: 2
Yeah so DOJ was interested in helping American company named Microsoft by breaking it up? Are you high?


Too much bribery
By Nyu on 9/19/2012 9:39:07 AM , Rating: 2
sack all the judges.




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