FOSS Patents writes:
At close of business on Monday, Judge Lucy Koh granted Samsung’s request to dissolve the preliminary injunction against the Galaxy Tab 10.1, following a limited remand by the Court of Appeals for the Federal Circuit. But after a hearing scheduled for December 6, Apple can still win a permanent injunction over the D’889 tablet design patent if it prevails on the related part of its Rule 50 (“overrule-the-jury”) motion.
This is going to be a big relief for Samsung as it can now peacefully sell one of its flagship Android tablets in the United States. The Cupertino tech giant, Apple, had filed a lawsuit against Samsung for infringing its design patents with the Galaxy Tab 10.1. Judge Lucy Koh, at the close of business on Monday, gave another thought to Samsung’s request to lift the ban on the said Android tablet and finally, okayed the request.
In her explanation for her decision, Judge Lucy Koh explains that she would have never granted a preliminary injunction on the tablet in favour of Apple if she had even the slightest clue that the jury would find in Samsung’s favor on the D’889 infringement issue.
In footnote 2 of her report, she writes, “[t]he Court is not in any way commenting on the merits of any of the parties’ post-trial motions”.
Though all this seems a bit childish to people who do not understand the importance of protecting one’s patents, Apple is pretty cold about it. Samsung, on the other hand, if at all it has infringed any of Apple’s patents, is also cold about accepting its mistakes.
We can understand Samsung’s eagerness to stay in the Android tablet market simply by looking at its recent launches. The South Korean tech giant released a line of Note branded tablets which have been entirely redesigned to make them look nothing like Apple’s iPad. Not just this, but the company has added a lot of features to the tablet to make them attractive. It is to see if Apple will include these tablets into its lawsuit as it did with the Galaxy S III and the Galaxy Note smart phones.
Source: FOSS Patents