With Samsung win on Galaxy Tab, judge may reconsider U.S. ban

Mon Aug 27, 2012 1:03am EDT
 
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By Basil Katz and Dan Levine

(Reuters) - Apple Inc's legal victory on Friday over Korean rival Samsung Electronics Co Ltd was crushing but for one key front in its global smartphone and tablet patent war: Samsung's Galaxy Tab 10.1.

The jury in the San Jose, California, federal court awarded the iPhone and iPad maker $1.05 billion in damages and said Samsung had copied critical features in the U.S. company's products.

However, it declined to side with Apple on one patent, covering design elements on the iPad. That put the jury directly at odds with the judge in the case who, only two months earlier, had sided with Apple over allegations the Galaxy Tab 10.1 tablet ripped off Apple's design.

U.S. District Judge Lucy Koh issued a pre-trial order barring Samsung from selling the Galaxy Tab 10.1 in the United States.

Late on Sunday, Samsung asked Koh to dissolve the order, due to the jury's finding. "There is thus no proper basis for maintaining the injunction," Samsung attorneys wrote.

An Apple representative could not be reached immediately for comment.

Samsung's Galaxy touch screen tablets, powered by Google's Android operating system, are considered by some industry experts to be the main rival among larger tablets to the iPad, although they are currently a distant second in sales to Apple's device.

Normally, when a preliminary injunction based on one patent becomes inconsistent with a subsequent verdict, the party subject to the injunction asks the court to lift it, said Mark McKenna, a professor at the University of Notre Dame's Law School.   Continued...

 
The Samsung Electronics' Galaxy Tab is displayed for customers at a store in Seoul April 6, 2012. REUTERS/Kim Hong-Ji