The judge in the Apple v Samsung trial in California has granted Samsung's request to dissolve the preliminary injunction she placed against sales of the Galaxy Tab 10.1 in the US. The ban has been lifted because the jury in the case found that the patent for which the ban had been placed, had not been infringed by Samsung. The device is guilty of infringing other Apple patents, however.
Judge Lucy Koh agreed to end the three-month ban on sales of the Galaxy Tab 10.1. The decision was inevitable after the jury in the Californian case ruled that the Galaxy Tab 10.1 did not infringe the specific Apple design patent for which the injunction had been placed.
It should be noted that the jury did rule that the Galaxy Tab 10.1 infringed other Apple-owned patents and in a hearing scheduled for 6 December, Apple may still be able to win a permanent injunction on the device, notes Foss Patents.
Apple had asked the judge to postpone her decision about lifting the injunction until December, the judge denied Apple’s request however, saying: "The public has no interest in enjoining a non-infringing product, and thus any market disruption caused by dissolution would be insignificant compared to Samsung's interest in restoring its product to market," Koh wrote, according to Arstechnica.
There was still a delay in overturning the injunction, however, this was because Samsung had appealed against injunction which had seen it moved to a higher court and while there Judge Koh had no jurisdiction over it. On Friday the matter was returned to Koh, who overturned the ignition injunction on the basis of the jury’s findings.
Koh's ruling read: “The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court's finding that Samsung likely infringed the D'889 Patent. The jury has found otherwise. Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court finds it proper to dissolve the injunction.”
Samsung issued the following statement: "We are pleased with the court's action today, which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for," reports Cnet.
When Koh granted the injunction she retained a $2.6 million bond posted by Apple. The bond was intended to pay Samsung’s costs if it was wrongfully harmed by the sales ban. Whether Samsung will received any of that money has not yet been determined.
Apple and Samsung will be back in court on 6 December to discuss a sales ban on the eight Samsung devices that jurors found to be infringing on Apple's patents. In the meantime, Samsung has requested a new trial, claiming jury misconduct and the company has just started its attack on the iPhone 5, claiming that Apple has stolen its LTE 4G patents.