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06-20-2012, 12:35 AM #1
Galaxy Tab Injunction Moves Closer After Court Denies Samsung a Rehearing
Apple’s attempt to temporarily ban U.S. sales of Samsung’s Galaxy Tab 10.1 is one step closer to fruition as the Court of Appeals for the Federal Circuit denied a request from Samsung to rehear the case. The denial opens the door for the Cupertino California company to re-file its original preliminary injunction motion after California Judge Lucy Koh initially shelved the request two weeks ago pending receipt of an official federal mandate.
According to FOSS Patents, Apple seems to be closing in on the tablet ban after a bumpy road of rejections and appeals as the California district court judge is set to make a decision after hearings later this week. The rejection comes one month after the CAFC partially granted Apple’s appeal of a December 2011 ruling in which Judge Koh handed down a wholesale rejection of requests to ban Samsung products that supposedly mimic the design of iOS products. At the time, Apple quickly attempted to re-file for a Galaxy Tab sales ban but the effort was put down.
Although the May decision overturned part of the initial ruling against the injunction requests and allowed Apple to reassert claims against the Galaxy Tab, Samsung lawyers convicted Judge Koh that it would be premature to issue an injunction without receiving mandate from the CAFC. Here, Apple asked the CAFC “to issue he Mandate Forthwith or Shorten the Time to File a Petition for Panel Rehearing or Rehearing En Banc” but the court deferred he motion, saying the following:
In light of Appellees' [i.e., Samsung's] representation that they will file a petition for rehearing on May 29, 2012, the court will defer ruling for now on Appellant's [i.e., Apple's] motion to issue the mandate forthwith.
The two companies have been fighting over several different issues and the legal battles continue. As of right now, Apple seems to have the leg up but we’ll have to wait and see where the next step leads to.
Source: FOSS Patents