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Apple vs. Samsung dissolved the injunction against the Galaxy Tab 10.1 in the U.S.

Apple vs.  Samsung dissolved the'ingiunzione contro il Galaxy Tab 10.1 negli USA

On June 26 the judge Lucy Koh, who presides over the case brought by Apple against Samsung in a long legal battle over design patents, had established a preliminary injunction on the distribution and sale of Galaxy Tab 10.1 in the U.S. territory, in view of 'upcoming trial. The decision has been made on the grounds of Koh that the Galaxy Tab 10.1 in all probability infringed the patent D504889 from Apple, which outlines the shape of the iPad.

The process in question has already led to a surprising and memorable outcome in the Assizes, assigning Apple losses of over a billion dollars, following a decision of the jury appeared to many questionable and now the main subject of requests for Samsung a rejection of the judgment or an appeal process.

But the same jury, surprisingly, did not find that the Galaxy Tab 10.1 infringed the patent D'889, and accordingly and immediately got the request to lift the ban Samsung device to be marketed in the United States. This request was opposed predictably Apple, on the grounds that the Galaxy Tab 10.1 purple (according to the jury) three other patents trading dress the house of Cupertino and therefore lift the ban only to watch them again arranged at a later date would have "confused "American consumers.

Fixed a problem of skills (requests for appeal of the Samsung had moved to the Federal Circuit, which just yesterday had given the green light to the judge to decide Koh), and was finally dissolved the preliminary injunction on the tablet of the Korean, now, therefore, will be able to be freely traded. The irony of the matter, and now that Apple and Samsung could compensate for loss of income from the sale of the Galaxy Tab 10.1. This is not an exorbitant amount like that and view award Apple, but it is always something that can reach $ 2.6 million, as well as a small moral victory from Samsung.

The question of the announcement of the tablet from Samsung has been very troubled. Apart from the absolute questionable in approving a patent so generic as the D'889 Apple (which protects the famous "rectangle with rounded edges"), the injunction had pushed Apple to send, between the end of June and the ' beginning of July, a letter to the hardware vendors warning them not to sell the Galaxy Tab 10.1 and the Galaxy Nexus (the notice of which, however, had been suspended).

Following the verdict of the jury, the judge had decided to Koh December 6 as the date for the post-trial motions of both parties, including requests for Apple to impose injunctions on sales to other devices of the Korean house. He altresi place September 26, the decision concerning the resolution of the announcement of the Galaxy Tab 10.1. Apple had opposed this differentiation date, believing that all decisions are dovessere decide on a single date. However, the court decided that, while the elimination of the announcement after the verdict of the jury was something relatively trivial, the same could not be said of the analysis of new applications for injunction of Samsung devices.

The resolution of the announcement of the Galaxy Tab 10.1 – now a sleeping tablet dated but still very salable in the market – but do not foresee a reversal of the judgment on appeal. The road to this, it still seems long.

[Via Groklaw]

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