Apple faces delay in Samsung tablet sales ban

Apple faces delay in Samsung tablet sales ban

Summary: Apple's request to seek a ban on Samsung's Galaxy Tab 10.1 in the U.S. will have to wait for a procedural court matter to complete.

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TOPICS: Samsung
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Apple may have to wait a little longer until it can formally seek a ban on Samsung's Galaxy Tab 10.1 in the United States.

In mid-May, a U.S. appeals court gave Apple the go-ahead to seek a sales injunction on the Samsung tablet ahead of pre-trial settlement talks.

But upon Apple's return to the lower court, U.S. District Judge Lucy Koh said the higher appeals court must formally cede jurisdiction back to her before she can grant the request, reports Reuters. The motion was denied but Koh gave no clue as to when the appeals court would hand over the reigns back to her.

Apple and Samsung have been locked in an acrimonious battle over patents for more than a year. Apple claims Samsung "slavishly" copied the design of the iPad, while Samsung fired back with a range of its own patent infringement claims.

Apple sought the ban because "[e]ach day that Samsung continues to sell its infringing Tab 10.1 causes additional harm to Apple through design dilution, lost sales, lost market share, and lost future sales of tag-along products," the technology giant said in a court filing last month.

The two companies' chief executives and legal teams attended court-ordered settlement talks in a bid to find some resolution before the case goes to trial --- thought mostly to spare a jury of a long, complicated trial. The talks were held only days after the U.S. appeals court gave a nod to Apple to seek the sales injunction.

The talks failed and the sparring tablet makers will see each other in court. The case begins July 30.

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Topic: Samsung

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10 comments
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  • This is getting old

    Samsung needs to admit they slavishly copied the iPad and Apple needs to admit they used some of Samsung's patents, call it even, and [i]move on[/i]! As a current iPhone user and former Samsung Galaxy user I say enough is enough...
    NonFanboy
    • This is only posturing at this point.

      At this rate, in a year or two samsung might see its first generation galaxy tab 10.1 banned from the US. Galaxy tab might be on 3rd or even 4th gen at that point. A ban on 1st gen won't matter anyway.
      Jean-Pierre-
    • I agree

      It's getting old fast. The only problem is that Samsung didn't copy Apple - they copied their own design of a product that came out in 2006 - years before the iPad did.
      anonymous
  • Apple wants no competition

    They have consistently shown that. They will not compromise and go for the throat- this is quite clear now. Problem is- Apple also has a throat. I think they miscalculated the backlash.
    kirovs@...
    • Yep

      Because the lack of competition is the only way to keep margins high and still succeed in the long run.

      The Oracle case will come back to haunt Apple as the API ruling is just the beginning of what is about to happen to existing software patents.
      slickjim
      • On APIs not copyrightable

        Did anyone even think what the consequences of this ruling will be?
        For Samsung....

        Like, Samsung is claiming that Apple is using their wireless "API" without paying a license.. Good. Now the US courts have precedent ruling, that published APIs are not copyrightable. Therefore the standards-essential patents held by Samsung are invalid in the US. For these "patents" describe an API to wirelessly transmit signals. Implementations vary and it's known that Apple does not use an Samsung implementation. Wait, even Samsung don't use their own implementation :) (both seems to use Qualcomm's)

        Go figure...
        danbi
  • One "Bad" Apple

    Maybe if APPLE was actually able to engineer and manufacture something themselves they might have a grievance.
    A marketing firm that buys other peoples technology to produce sleek products to sell to the public.
    sickntired44
    • Well, technically ...

      Apple does engineer the products (albeit, with the inclusion of certain technologies that it purchases and integrates, or with open-source technologies, depending on the product).

      Apple used to manufacture it's own products and frequently had state of the art facilities for doing so. But it learned early on that -- as a niche manufacturer -- it didn't manufacture products in suitable volumes to achieve desired profit margins.

      But they do know how to manufacture stuff ... Apple just chooses not to, and has achieved strategic advantages by not doing so.
      imalugnut
  • Poor Apple...

    I'll be buying a Samsung Galaxy III in a couple of weeks. I will never buy an apple product. I just don't like their attitude.
    Beat a Dead Horse
    • Won't be buying Apple

      I agree 100%, I would never buy an Apple product, not because the products are not technically competitive. But because of their price and anti-consumer attitude. They are becoming MS, and I don't but their products either.
      bigpicture