Tuesday, September 18, 2012

(BN) Samsung Fails to Defeat Galaxy Tab Sale Ban in Apple Case


Samsung Electronics Co. (005930) lost its bid to persuade a federal judge in California to lift a preliminary ban on U.S. sales of its Galaxy Tab 10.1 tablet computer imposed as part of a patent dispute with Apple Inc.

U.S. District Judge Lucy Koh in San Jose, California, issued the order temporarily blocking sales of the Tab 10.1 computer before a jury found Aug. 24 that Samsung infringed six of seven Apple patents and awarded Apple $1.05 billion in damages.

Apple and Samsung agree that a pending appeal temporarily "deprives the court of jurisdiction to dissolve the injunction," Koh wrote in an order yesterday.

Lifting the ban during the appeal only to re-impose it later "would cause confusion in the market and is not necessary to prevent irreparable harm," Cupertino, California-based Apple argued in a filing.

Koh has scheduled a hearing Dec. 6 to consider Apple's request for a permanent U.S. sales ban on eight of Suwon, South Korea-based Samsung's smartphone models and the tablet.

The case is Apple Inc. (AAPL) v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).


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