Apple faces delay in bid for ban on US sales of Galaxy Tab 10.1

A District Court said that the jurisdiction in the matter is still with an appeals court

Apple's bid to get a ban on sales in the U.S. of Samsung's Galaxy Tab 10.1 tablet has been delayed after a federal court in California said on Monday it could not rule right away on Apple's request for a preliminary injunction, while the matter is before an appeals court.

The company moved the U.S. District Court for the Northern District of California, San Jose division last month for a preliminary injunction prohibiting Samsung and its U.S. subsidiaries from infringing Apple's D504,889 patent (D'889 patent), including by selling in the U.S. the Galaxy Tab 10.1.

In a May 14 opinion the Court of Appeals for the Federal Circuit had concluded "that Apple had shown that it was likely to suffer irreparable harm from the sales of Samsung's infringing tablets," and disagreed with the District Court's conclusion that Apple had failed to show that it was likely to succeed on the merits, according to a filing by Apple.

The appeals court remanded to the District Court to assess the balance of hardships and public interest factors.

Apple filed in July last year for a preliminary injunction against the Galaxy Tab 10.1 tablet, which had been released about four months earlier, as well as several Samsung smartphones. It alleged that Samsung had infringed the D'889 patent, as well as a utility patent.

District Judge Lucy Koh said Monday that the court determines that it may not rule on Apple's request for a preliminary injunction prior to the issuance of the mandate from the Federal Circuit.

On May 29, Samsung filed a petition for rehearing of the panel decision. Until the Federal Circuit decides Samsung's motion, the three judge panel, or the Federal Circuit sitting en banc, may rehear the matter, alter or amend the opinion, or otherwise change the scope of issues that must be addressed on remand, Judge Koh said.

"It would create confusion to rule on the preliminary injunction motion, only to have to reconsider the issue should the panel, or the Federal Circuit, decide to alter, amend, or reverse the opinion," she added.

The judge said Apple can renew its request for a preliminary injunction once the appeal court issues its ruling.

"This Court should enter a preliminary injunction forthwith to protect Apple from additional irreparable harm," Apple had said in its filing.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?