“Judge Lucy Koh on Monday filed an order denying Samsung’s motion to dissolve Apple’s sales ban against the Galaxy Tab 10.1, and in doing so vacated the Sept. 20 hearing at which both parties were scheduled to discuss the matter,” Mikey Campbell reports for AppleInsider.
“In the order, Judge Koh noted that the standing injunction cannot be dissolved by the Court as the sales ban is currently being under appeal with the Court of Appeals for the Federal Circuit,” Campbell reports. “While Monday’s ruling keeps the injunction in place for the moment, there is a possibility that Judge Koh may ultimately have to pass judgment on the issue depending on the appeals court’s decision.”
Read more in the full article here.
Florian Mueller writes for FOSS Patents, “In terms of what was decided, Samsung got extremely little and Apple could not have fended off this challenge to a greater extent. And the reasoning was carefully phrased to keep all options open for letting the ban stay in force.”
“While Judge Koh’s reasoning indicates that a dissolution decision is a possibility in the event that the United States Court of Appeals for the Federal Circuit quickly remands this preliminary injunction matter to her court, she will look at the most important question (whether Apple can get the jury overruled on the tablet design patent infringement question) only after a remand and declined to assess the likelihood of success of Apple’s forthcoming motion at this stage,” Mueller writes. “This injunction could become an on-again, off-again thing: granted in June, possibly dissolved in September/October and, potentially, reinstated in or after December.”
Much more in the full article here.
MacDailyNews Take: The more pain inflicted on the slavish Apple copier Samsung, the better – and better late than never.