Apple Keeps the HEAT on Samsung
Apple (NASDAQ:AAPL) has formally opposed Samsung’s request to a judge to lift a preliminary ban on U.S. sales of the Galaxy Tab 10.1. U.S. District Judge Lucy Koh had issued a temporarily block order on the sales of the Samsung tablet in June. Then last month, a jury found that the Korean company had infringed six of seven Apple patents with its smartphone and tablet products.
On August 26, Samsung made an appeal to have the Galaxy Tab ban lifted because the jury found that device didn’t infringe the specific Apple design patent on which the Koh’s June 26 sales ban was based. However, it was found to be infringing on three of Apple’s software patents.
While Koh will consider Samsung’s appeal to remove the ban in a September 20 hearing, Apple made a court filing on Monday that argued that the request be denied on the grounds that it “divests this court of jurisdiction.”
Apple also argued that “dissolving the injunction only to reinstate it shortly thereafter would cause confusion in the market” and would prevent no “irreparable harm” to Samsung. “Indeed, Samsung admitted that the injunction is not likely to have a significant impact on its business, given that it is already selling a successor to the Galaxy Tab 10.1,” Apple said, according to Bloomberg.
Koh has scheduled a separate hearing in December that will decide on Apple’s request for a permanent U.S. sales ban on eight Samsung smartphone models as well as the tablet. Apple may even expand its list, including adding a new, wireless version of the Galaxy tablet.
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