NetGuide NZ - Samsung denied Galaxy Tab trading

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Samsung denied Galaxy Tab trading

Samsung's motion to dissolve a U.S. sales ban on it's Galaxy Tab product has been denied despite being found not in infringement of Apple's iPad design.

Federal Judge Lucy Koh made the ruling after the South Korean company was fined US$1bn in August for violating six Apple patents, maintaining the stance in a court filing on Monday.

After the original verdict both parties filed motions to contest the decisions, with Judge Koh denying Samsung's claims as the sales ban is currently under appeal with the Court of Appeals for the Federal Circuit.

In making the decision, Judge Koh also vacated the scheduled September 20 hearing between the warring tech giants, with the rivals expected to next meet in December to argue further injunctions and damage claims.

The court statement read:

"ORDER DENYING WITHOUTPREJUDICE SAMSUNG’S MOTION TODISSOLVE THE JUNE 26, 2012 PRELIMINARY INJUNCTION ANDISSUING INDICATIVE RULING.

"On June 26, 2012, the Court preliminarily enjoined Samsung from “making, using, offeringto sell, or selling within the United States, or importing into the United States, Samsung’s GalaxyTab 10.1 tablet computer, and any product that is no more than colorably different from thisspecified product and embodies any design contained in U.S. Design Patent No. D504,889. ECFNo. 1135 (“June 26 Preliminary Injunction”) at 7."

"Samsung timely filed a notice of appeal that same day, and that appeal remains pending before the Federal Circuit.

"After the conclusion of athree-week trial in this case, the jury returned a verdict finding that the Galaxy Tab 10.1 does not in fringe Apple’s D’889 Patent. ECF No. 1930 at 7; ECF No. 1931 at 7.

"Judgment was entered infavor of Apple and against Samsung on August 24, 2012. ECF No. 1933 (“August 24 Judgment”)."

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