If you thought Samsung was high and dry after beating Apple’s attempt to stop it selling the Galaxy Tab 10.1 in the US, you could be wrong. Apple appealed the decision and had another go at banning the slate last month, and it seems it was a good go as Judge Koh granted the request.
US judge to ban Samsung Galaxy Tab 10.1 sales in US due to Apple patent infringement
Although details are scarce right now, but it is just a preliminary injunction, so if Samsung win the case eventually, the injunction will lift and the Korean giant will be back in business. It is bad news for Samsung right now though, but considering its wide range of slates on offer, as well as its strong economic performance, these legal wrangles are unlikely to put much of a dampener on 2012 earnings overall.
First Update: All Things D got hold of a copy of Judge Koh’s order. It seems she granted the injunction because of the merits of Apple’s case and the low possibility of Samsung invalidating Apple’s design patent. The court had already decided that the 10.1 is “virtually indistinguishable” from the iPad and most likely does infringe Apple’s IP. Judge Koh also held that because Apple and Samsung are close competitors in the tablet market and because “design mattered more to customers in making tablet purchases,” Apple would be hurt by further 10.1 sales. These factors won out over any hardship faced by Samsung and so the Galaxy Tab 10.1 was taken off US shelves.
Second Update: Fast movers – just five hours after Judge Koh’s order, Samsung has filed an appeal, say Foss Patents.