In a recent development, the Federal Circuit Court of Appeals said today that Samsung Electronics can ask U.S. District Judge Lucy Koh to lift the sales ban on its Galaxy Tab 10.1 inch tablet. The court said that Lucy Koh has jurisdiction to consider whether or not to lift the ban, which was imposed last month in a patent infringement case with Apple. The ruling gives Judge Koh the liberty to decide the issue.
Judge Koh noted that Samsung hadn’t infringed a design patent, which was the basis of placing the ban (though it did infringe other patents). So, the ruling may turn out favorable for the Korean electronics maker. However, Apple Inc. (NASDAQ:AAPL) resists the potential move, saying that the ban should not be lifted because Samsung did infringe other patents. Judge Koh said in an earlier ruling:
“The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court’s finding that Samsung likely infringed the D’889 Patent. The jury has found otherwise. Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court at this time would dissolve the June 26 Preliminary Injunction if the Court had jurisdiction.”
Koh said she couldn’t lift the ban because the Korean company had appealed the matter to a different court. It tied her hands with the pending decision of Court of Appeals. Granting Koh that authority, the Federal Circuit said that it won’t take any positions on how Judge Lucy Koh decides the matter.
Apple Inc. (NASDAQ:AAPL) had filed seven patent infringement claims against Samsung. Later, Samsung countersued Apple Inc. (NASDAQ:AAPL), alleging the iPhone maker to have infringed five of its patents. The jury in San Jose, California, found Samsung guilty of willfully infringing six Apple patents. The court had also ordered Samsung to pay Apple $1.05 billion in damages.
The Galaxy Tab 10.1 is an old story now, and the Korean giant has already launched Galaxy Note 10.1 tablet. But Samsung is in trouble, facing many other potential injunctions. In this situation, any victory will be a good one for the company.
