Samsung appeals Apple injunction against Galaxy Tab

Samsung argues in the appeal that Apple used dated evidence to win its preliminary injunction

Lawyers for Samsung Electronics have petitioned a U.S. court to suspend a preliminary injunction that has blocked its Galaxy Tab 10.1 tablet computer from sale in the country.

The South Korean electronics company filed papers on Wednesday at the U.S. District Court for the Northern District of California asking that the order be suspended pending an appeal.

The filing came a day after Judge Lucy Koh barred sales of the tablet and any "product that is no more than colorably different from this specified product and embodies any design contained in U.S. Design Patent No. D504,889."

Judge Koh also ordered Apple to post a bond for US$2.6 million toward any damages sustained by Samsung if the injunction is subsequently found to be erroneously enjoined.

Samsung argued the injunction on a number of points, including that Apple's evidence against the Galaxy Tab 10.1 is "seven months or older." Such injunctions are typically granted to prevent prospective harm from sales of the allegedly offending product, but that doesn't exist pending more current data from Apple, the company argued in the filing.

"Samsung not only has a strong likelihood of success on appeal given the Court's issuance of a preliminary injunction based on a stale record, but, absent a stay, the injunction will cause Samsung significant harm due to impaired relationships with customers and carriers, while causing no demonstrable injury to Apple," Samsung argued in its filing.

Samsung's appeal represents the latest round in a patent battle between the two companies that centers over a handful of patents covering product design.

Apple first asked for an injunction against the Galaxy Tab 10.1 in July last year. Judge Koh denied the injunction in December, ruling that Apple was likely to suffer irreparable harm as a result of Samsung infringing the '889 design patent but that the patent itself was likely invalid.

The ruling ended up in the appeals court, which upheld Judge Koh's initial finding of infringement and irreparable harm with respect to the '889 Patent, but disagreed with her finding on the validity of the patent. That appeals court finding opened the door to this week's injunction.

Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Martyn Williams

IDG News Service
Show Comments





Back To Business Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?