Apple injunction moved to Dec. 6, Galaxy Tab 10.1 hearing scheduled for Sep. 20

Macworld Australia Staff
29 August, 2012
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Apple will seek a permanent injunction against eight infringing Samsung smartphones and tablets in the US on December 6, after Apple was awarded over US$1b in damages from Samsung in a Californian court Saturday morning.

Originally scheduled for September 20, the injunction hearing will be heard by judge Lucy Koh – the judge who presided over the Apple vs Samsung trial.

“Having considered the scope of Apple’s preliminary injunction request, the additional post-trial motions that the parties have already filed and will file, and the substantial overlap between the analysis required for Apple’s preliminary injunction motion and the parties’ various other post-trial motions, the Court believes consolidation of the briefing and hearing on the post-trial motions is appropriate,” Koh said in a court filing (PDF) today announcing the new schedule.

September 20 is now saved for Samsung to argue against the current injunction against its Galaxy Tab 10.1, which was blocked from sale in the US in June but found not to infringe upon Apple patents in Saturday’s Apple vs Samsung trial verdict.

“Here, the jury found that Samsung‟s Galaxy Tab 10.1 does not infringe the D‟889 patent. Since the purported infringement of the D‟889 patent was the only basis for the preliminary injunction, the jury’s finding means that Samsung had a right to sell the Galaxy Tab 10.1 during the period in which the injunction has been in effect. Samsung is therefore entitled to recover damages caused by the improper injunction, and the Court should retain the bond so that it may do so,” Samsung’s Galaxy Tab 10.1 filling said.

Apple sought to ban the Samsung tablet in December last year, but the motion was dismissed by Koh. A subsequent appeal in May this year saw the Galaxy Tab 10.1 banned in the US.


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