Judge Lucy Koh has turned down Apple’s request to reschedule a 20 September hearing that could see the ban on Samsung’s Galaxy Tab 10.1 lifted.
Apple had complained that the judge would hear Samsung’s motion to lift the existing injunction on the Galaxy Tab 10.1 in September, months before hearing Apple’s request for a permanent sales ban on eight Samsung devices ruled by the Californian Apple versus Samsung jury to have infringed its patents, which is scheduled for 6 December.
Judge Koh will, on 20 September, hear Samsung’s motion to dissolve the preliminary injunction against the Galaxy Tab 10.1.
If the judge rules that the Galaxy Tab 10.1 has been sufficiently modified to avoid further infringement, Samsung could be able to sell that product in the run up to Christmas.
Apple had complained about the “asymmetrical” schedules that could potentially mean that the ban on the Galaxy Tab is lifted before the products that the jury ruled infringed on Apple’s patents are banned. The judge turned down Apple’s request to reschedule Samsung’s motion, because, she said, "no change in facts or the law has changed the Court's opinion".
Could the injunction against the Galaxy Tab be lifted? A judge in Germany lifted an injunction against the Galaxy Tab 10.1 back in July after he found that the adjusted Galaxy Tab 10.1N didn’t infringe on Apple’s "list scrolling and document translation, scaling, and rotation on a touch-screen display" patent.
In addition, notes Foss Patents, the only thing that Samsung really "won" from the jury was a verdict of non-infringement of the tablet design patent.