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.

 

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