Apple Fails To Bag a Temporary Ban on Samsung Galaxy Tab 10.1 in the US

June 6, 2012, By Sanjeev Ramachandran

In the latest twist with the patent feud between Samsung and Apple, the Cupertino giant has suffered a setback when a US District Judge refused to consider their request for a temporary ban on Samsung’s Galaxy 10.1 tablets in the US for alleged patent infringement.

Refusing the request to grant a preliminary injunction for banning the Galaxy tab, US District Judge Lucy Koh in San Jose, California, made it clear that Apple’s latest request for a ban is premature since no appeals court has formally issued a mandate for the consideration of the district Judge in this regard.

 

However, earlier on May 14th, the Court of Appeals for the Federal Circuit has ruled out that Apple can continue with its efforts to get a halt on the sales of the Samsung tablet which allegedly infringes certain design patents related to Apple’s iPad.

The court has also marked its disagreement on Koh’s analysis that iPad design was obvious in the light of a tablet prototype from 1994.

The appeals court has also opined that Koh should have considered public interest and the balance of hardships before issuing the order. However, the district judge has again taken a stand that is against Apple’s interests.

Observers feel that if Apple is not in a position to get a temporary injunction, it may push on for a permanent ban of the sale of Galaxy tab 10.1 based on the patent infringement suit which is pending with the court.

Obviously, by the time any such decisive orders come out, plenty of new generation tablets will be flooding the market, making any possible ban on Galaxy Tab 10.1 less significant.

However, no matter if Apple gets a positive outcome or not, the suit has provided enough deterrent effect which makes tablet making rivals think twice before they try a controversial design in the future.

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