US court upholds ban on Samsung Galaxy Tab 10.1 sales
Yesterday, U.S. District Court Judge Lucy Koh (at right) upheld her previous ban on sales of Samsung Galaxy Tab 10.1 tablet sales in the U.S. On June 26, Judge Koh (of the U.S. District Court for the Northern District of California, San Jose division) enjoined Samsung and its American subsidiaries from importing or selling the Galaxy Tab 10.1 or any other product that "embodies any design contained in U.S. Design Patent No. D504,889."
That patent covers the design of the iPad and was granted to Apple in 2005. After Judge Koh's enjoinment on June 26, Apple post a required US$2.6 million bond and the injunction took effect. Almost immediately, Samsung filed a motion to stay and suspend the injunction pending an appeal to the U.S. Court of Appeals for the Federal Circuit. After consideration, Judge Koh refused the motion, saying that Samsung had not established a likelihood of success on appeal.
The Judge also commented that Samsung would not suffer irreparable damages under the ban, as they have other tablet products that do not infringe on the iPad design.
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