Preliminary injunction against Galaxy Tab 10.1 dissolved
updated 10:15 pm EDT, Mon October 1, 2012
Tablet may still be infringing, fate to be determined in December
Judge Lucy Koh of the United States District Court for the Northern District of California has agreed with one of Samsung's post-trial filings from last week and has lifted the preliminary injunction against the Galaxy Tab 10.1. The ruling marks the first post-trial motion to be completed for either side. Apple has filed for a permanent injunction based on infringement of other patents, so the matter may not be completely resolved in either direction until the December 6 hearing.
The tablet was enjoined from sales after Judge Koh granted a preliminary injunction in June based on the strong possibility that the tablet infringed on Apple's trade dress and other patents asserted in the pair's first smartphone patent trial in August. One design-oriented patent was listed on the preliminary injunction, and that patent was found to be not infringed by Samsung in the design of the product by the jury -- but several other patents not listed were found to have been violated by a variety of Samsung's products, including the Galaxy Tab 10.1.
Judge Koh stated in her ruling that "the question of whether Samsung was wrongfully enjoined is inextricably intertwined with the Court’s resolution of the post-trial motions." In a nod to the December hearing and Apple's filings for permanent injunctions on an assortment of Samsung products, Judge Koh ordered the $2.6 million dollar injunction bond paid by Apple to be held by the court until every post-trial motion has been filed, heard, and ruled upon.
Order on Motion to Dissolve
