updated 11:25 am EDT, Mon August 27, 2012
Jury found tablet not guilty of infringement
Samsung has asked the US District Court for the Northern District of California to reverse its preliminary injunction on the Galaxy Tab 10.1 and award damages to compensate for lost sales during the temporary ban. Although the Korean company lost all of its counterclaims against Apple, jurors did not find that the Galaxy Tab had infringed any of Apple's design patents.
"Here, the jury found that Samsung’s Galaxy Tab 10.1 does not infringe the D’889 patent," Samsung wrote in the filing. "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."
Despite the jury verdict clearing the Tab 10.1 of infringing design patents based on external aesthetics, the device was found to violate several software patents. Samsung presumably could develop a software update to remove or rework the infringing features.
The jury verdict may not represent the final outcome in the case. Both sides can now ask the judge to overrule the jury's findings. Judge Lucy Koh already asked jurors to reconsider several minor elements, after damages were nonsensically awarded to Apple for several Samsung devices that were not determined to be infringing.