Samsung loses more motions in Galaxy Tab injunction appeal
updated 03:41 pm EDT, Thu July 19, 2012
Could hint that existing tablet design is finished
Samsung has lost two more motions in its attempt to undo a preliminary injunction of US Galaxy Tab 10.1 sales. Patent analyst Florian Mueller reports that the Court of Appeals for the Federal Circuit has blocked one motion to stay the injunction for the duration of the appeal proceedings, and another hoping to expedite the process. In effect, the motions mean that Samsung won't have another chance to overturn the injunction until sometime after July 30th, when Apple and Samsung are set to go to trial.
The first motion is believed to have been quashed because Samsung failed to meet an essential test. Under rules, a motion to stay must involve a high likelihood of success based on merits, or at least a substantial case paired with real harm if the injunction stays in place. Samsung has claimed, in public, that it doesn't expect the injunction to have a serious effect. The company may simply follow a strategy it has used before and make minor modifications to the tablet that bypass Apple's objections.
Samsung is meanwhile doing far better in an appeal of an injunction against its Galaxy Nexus smartphone. The Federal Circuit has stayed the injunction pending the outcome of the appeal, and is getting an expedited process.
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Re: "Samsung has claimed, in public, that it doesn't expect the injunction to have a serious effect." And what Samsung really meant was "We aren't selling enough Galaxy Tab 10.1s to make a difference either way."