Suwon, the South Korea based Samsung Electronics Co. mad an appeal to the judge to remove a preliminary ban on U.S. sales of its Galaxy Tab 10.1 tablet computer. However, even after being awarded with $1.05 billion as damage control, Apple Inc.(NASDAQ:AAPL) is opposing the plea made by Samsung Electronics. The ban was issued by the U.S District judge Lucy Koh in San Jose, California, temporarily blocking sales of the Tab 10.1 computer in June, almost two months prior to the verdict.
Apple argued the dilution of the ban by stating that the effort to remove the ban signifying that Samsung’s appeal of Koh’s June order “divests this court of jurisdiction. “Dissolving the injunction only to reinstate it shortly thereafter would cause confusion in the market and is not necessary to prevent irreparable harm” said Apple supporting its argument.
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Koh has set a Sept. 20 hearing to consider Samsung’s request and December 6 hearing to consider Apple’s request for a permanent U.S. sales ban of eight Samsung smartphone models and the tablet following the jury verdict. So far seven of the eight smartphones that Apple seeks to ban are part of Samsung’s Galaxy line. However, as hinted by the U.S District Judge, Lucy Koh, there are possibilities of Apple widening the scope of Samsung products it wants banned in a permanent injunction.
Samsung sought to have the ban on the Tab 10.1 lifted on Aug. 26 after the jury found the device didn’t infringe the Apple design patent on which the June 26 court-ordered sales ban was based. The jury instead found that the Tab 10.1 infringed three of Apple’s software patents. The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).