Tuesday, October 2, 2012

Apple Inc (NASDAQ:AAPL): US Court Lifts Ban, Samsung Gets Right To Sell Galaxy Tab In The US

A US court has lifted a temporary sales ban on Samsung Electronics’ Galaxy Tab 10.1 that was pleaded by Apple Inc.(NASDAQ:AAPL) following a patent dispute. This ruling has allowed the South Korean firm to sell the product in the US.

Although Galaxy 10.1 is an older version, the lifting of the ban can still help Samsung in the run-up session during the essential holiday shopping season.

Samsung mentioned in a statement that it is pleased with the court’s action that vindicates the position of the company. It also reinstates the fact that there have been no infringements of Apple’s patens and that the ruling was not necessary.

Samsung has also filed a motion against Apple stating that the iPhone 5 has infringed on some of the patents of the South Korean company.

The top two smartphone makers in the world are locked in patent wars in as many as 10 countries as they compete to dominate the profitable market.

The legal fight had started previous year when Apple had sued Samsung in a number of countries. Samsung had countersued Apple.

The injunction on the galaxy tablet had been enacted before a month-long trial that involved Apple against Samsung in a closely-watched battle. The dispute had ended in August when Apple came out victorious on a number of its patent violation claims.

On the flipside, the jury came to the conclusion that Samsung had not infringed the patent that was the basis of the tablet injunction. Samsung had argued that the ban put on sales must be lifted.

The sole basis for the preliminary injunction does not exist anymore as the jury found Samsung’s Galaxy Tab had not infringed upon Apple’s D’889 patent.

Judge Lucy Koh said in her ruling that the court does not agree with Apple and that Samsung’s motion for dissolution of preliminary injunction cannot be fairly judges unless Apple’s post-trial motions are resolved.

Moreover, On Tuesday, the Korean electronics company filed a suit in a California court over its iPhone 5 alleging patent infringements related to the use of wireless technologies, especially long term evolution or LTE.

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The Korean handset maker had earlier warned that it would take Apple to court if the iPhone 5 was seen to be using LTE networks. In its application Samsung said that the phone violated eight patents relating to the technology.

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