Court Will Take a Second Look at Galaxy Tab Sales Ban

Leading in to the drama that unfolded between Apple and Samsung in a California courtroom this summer, an injunction was granted on sales of the Galaxy Tab 10.1. Now, as the landmark case makes its way through what will likely turn into a lengthy appeals battle, Samsung may have a chance to finally lift the ban.

Today, The Federal U.S. Circuit Court of Appeals in Washington allowed for reconsideration of the preliminary injunction granted to Apple, which blocked the sale of Samsung's Galaxy Tab in the United States. Judge Lucy Koh, who presided over the case, had previously stated her inability to act on the injunction, according to Reuters.

While Apple was unable to convince the court Samsung smartphones, like the Infuse 4G, required injunctions, Koh granted the sales stoppage on the Galaxy Tab. Apparently, the judge found it feasible that Apple had shown a "likelihood of success" in proving the Galaxy Tab as infringing on the company's patents.

But when the dust settled, and Apple walked away the clear victor with $1.05 billion in damages, the Galaxy Tab wasn't a focal point. While the jury found plenty of examples in regards to patent infringement, the alleged infringement to which Apple based the Galaxy Tab injunction -- an '899 patent -- was dismissed.

Samsung has since argued the injunction must be removed, as the jury didn't find a violation in regards to the Galaxy Tab. With today's move from the Court of Appeals, Koh should have the ability to reevaluate the sales ban.

When Apple's attorneys asked for the preliminary injection to be upheld, the court required Apple to submit a $2.6 million bond, in the event Samsung succeeded. Obviously, it's a fair bet Samsung's attorneys will ask for the court to withhold the bond, now that the Galaxy Tab patent infringement was found to be without merit by the jury.

Moreover, Samsung will more than likely ask for damages sustained as a result of the sales ban. Apple and Samsung are continuing to fight over patents in courtrooms across the globe, with each party taking its share of wins or losses. Most recently, Samsung has indicated it believes there was jury misconduct involved in the original trial.

 

Follow this article's author, Matt Clark on Twitter.

 

Tags: NewsApple v. SamsunginjunctionJudge KohSamsung Galaxy Tab sales ban Here's What You'll Get:The latest Apple news, reviews and how-tosThe hottest articles from MacLife.comYour recommended daily dose of awesome Also, send me e-mail announcements and special offers from Mac

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GENBAND and Polycom Partner to Expand Second Annual GENFuzion Developer Challenge

- Alert), senior vice president of Product and Solutions Marketing at Polycom (who will be one of the judges), added, “By opening the new GENBAND RESTful APIs to developers and providing a collaborative testing environment for application development, GENBAND has created an outstanding developer eco-system for fostering innovation…We are pleased to join forces with GENBAND to empower developers to create breakthrough apps for our combined customers.”

 Mark Pugerude (News - Alert), president of Global Sales and Marketing for GENBAND in commenting on the previous success and the fact that the prizes have been increased this year  stated, “We are excited to add Polycom as a key partner and welcome their extensive knowledge and expertise in providing world-class IP voice and video solutions. Polycom’s advanced IP phones allow us to extend our unified communications and provide developers with even more possibilities to deliver creative applications that our combined customers can leverage.”  He further noted that, “With the introduction of the new GENBAND RESTful APIs, we are promoting the latest in WEB based APIs, making it easier than ever for the developer community to leverage widespread existing HTTP support and enable their communications applications.”

It takes a community

The challenge is just one aspect of how GENBAND extends a warm embrace to developers. Through its GENFuzion Developer Community, the company provides “Sandbox” testing for applications. 



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GENBAND Launches Second Annual GENFuzion Developer Contest

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CDW Healthcare Receives HealthTrust Vendor Excellence Award for Second Year

Six Things Hospitals Need to Know About Supporting the Adoption of Smartphones Pagers have been an essential part of healthcare communications for a long time due to their ability to provide reliable communications at a low cost. When pagers emerged on the healthcare scene, they fundamentally changed the way doctors, nurses, and administrators could be notified that... DOWNLOAD NOW

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Dell'Oro Group: Wireless LAN Market Sales up 16 Percent Year over Year in Second Quarter

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Marvel Launches The Avengers Second Screen App Ahead of Comic-Con

The mammoth San Diego Comic-Con kicks off this Thursday, and Marvel Entertainment is working to keep fans excited about the September 25 arrival of its blockbuster The Avengers on home video with a new second screen app.

Marvel Entertainment has released The Avengers Initiative: A Marvel Second Screen Experience, a free, universal app for the iPhone, iPad and iPod touch which allows fans of Captain America, Iron Man, Hulk, Thor, Black Widow and Hawkeye to participate in a more immersive experience than simply watching the movie.

"Enter the S.H.I.E.L.D. database on your second screen device accessing personnel files, comic book origins and exclusive interactive content," the app description reads.

The Avengers Initiative second screen app is perfectly timed with this week's giant Comic-Con event in San Diego, which kicks off Thursday, July 12.

"Become a S.H.I.E.L.D. agent and participate in the Item 47 Comic-Con experience either remotely or in the field," the app teases. "Updates throughout the summer will provide even more access to the S.H.I.E.L.D. database."

Marvel has previously announced that such updates will include a second screen experience for the movie as well, which arrives on Blu-ray, DVD and digital download on September 25 in a number of different configurations.

Follow this article’s author, J.R. Bookwalter on Twitter

 

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ChangeWave: Kindle Fire Sputters, Distant Second to iPad

While Google’s Android continues to dominate the smartphone market, manufacturers creating tablets with the same operating system are still fighting an uphill battle against Apple’s iPad -- including the once white-hot Amazon Kindle Fire.

ChangeWave Research has posted the results of its May survey, which collected the responses of 2,893 consumers to examine the demand for tablets in North America. To almost no one’s surprise, the iPad continues to hold a commanding lead with Amazon’s Kindle Fire a distant second and the Samsung Galaxy Tab showing modest signs of life behind it.

The May research is the first since the new iPad hit the streets in March, which finds seven percent of the consumers queried plan to buy a tablet in the next 90 days. Of that group, a full 73 percent are eyeing the iPad, with the Kindle Fire a distant second with only eight percent interest, followed closely by Samsung with six percent.



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Verizon Offers 300 Megabits per Second, But is it Necessary?

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American Technology Services Named by Talkin' Cloud 100 for Second Consecutive Year

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50 Products with BlueTooth Capabilities Shipped Every Second

"GN Netcom has great headsets and knows how to tailor a superb Unified Communications and Human Form Factor experience. With their world class pre- and post sales supports they have helped exceed my clients' expectations." —Paul Bruno, Dimension Data, US

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