Apple's attempt to ban Samsung Android phones pushed back to December

Judge Lucy Koh has set a December date for the injunction hearing, and the 20 September hearing that had been scheduled will now be taken up with Samsung's attempt to have a ban on its Galaxy Tab 10.1 tablet lifted.

The judge in the US Apple-Samsung case has set a December date for a hearing in which Apple will argue for the banning of eight or more Samsung Android smartphones.

Lucy Koh will hear Samsung and Apple's arguments on 6 December, she reportedly said late on Tuesday. A hearing had already been set for 20 September, but that will now be taken up by Samsung's attempt to have a ban lifted on its Galaxy Tab 10.1 tablet.

Samsung Galaxy Tab 10.1
Samsung is fighting to have an injunction on sales of its Galaxy Tab 10.1 lifted. Image credit: Bonnie Cha/CNET News

Koh granted Apple a temporary injunction against the tablet before last week's verdict , but the jury then only found Samsung's smartphones to be infringing on Apple's patents.

As for the meat of that verdict — the $1.05bn in damages that Samsung has to pay Apple for past infringements — Samsung has filed (PDF) to have that put on hold while the court decides on its appeal.

The Korean manufacturer seems to be up for a fight, reportedly saying: "We will take all necessary measures to ensure the availability of our products in the US market."

However, an unnamed Samsung executive also told AFP that the company could, as a last resort, try to alter the functionality that the court found was infringing on Apple's patents.

Apple has said it has the right to ask for bans on all 28 of the Samsung Android phones that were found to be infringing. At the moment, though, it is only targeting eight: the Galaxy S 4G, Galaxy S II AT&T, Galaxy S II Skyrocket, Galaxy S II T-Mobile, Galaxy S II Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.

It is notable that none of these are in Samsung's latest line-up, so their banning would have limited effect. That said, Apple may yet try to extend the judgement to cover current flagships such as the Galaxy S III.