After arguing that the jury’s verdict will be appeal, Samsung is quickly capitalizing on the ruling that went in they favour. The Korean company has filed a motion asking for the Galaxy Tab 10.1 preliminary injunction to be lifted. The finding of non – infringement on the Galaxy Tab 10.1 of D’889 patent was one of the many surprise ruling that came out from the verdict.The Galaxy 10.1 currently is the only Samsung device that currently has a preliminary injunction against its’ name.
The resulting ban on the Galaxy tab is a very interesting tale. Judge Koh initial ruled that this patent was likely to be infringed by the Galaxy Tab 10.1 in December 2011 but denied Apple a preliminary injunction. The reason being, was that Judge Koh felt the validity of the patent was questionable. This ruling was subsequently overturned on appeal paving the way for the injunction.
Reporting on the issue FossPatent had this to say:
The issue here is primarily timing. If Samsung didn’t make this such an urgent matter, Judge Koh would simply await and adjudicate the parties’ Rule 50 motions. If Apple won on the D’889 infringement question, the preliminary injunction would remain in place, and otherwise it would be lifted. But Samsung argues that it is suffering
[pullquote]If Apple won on the D’889 infringement question, the preliminary injunction would remain in place, and otherwise it would be lifted[/pullquote]
irreparable harm with every day that the ban is in place and wants an immediate decision. If the court agreed with Samsung’s proposed schedule, Apple would have to bring its D’889-related Rule 50 motion by tomorrow (or it would at least have to make the same kind of argument as in the Rule 50 motion in its opposition to Samsung’s motion for dissolution of the injunction). After celebrating most of the other parts of the jury verdict, Apple’s lawyers may already have done a lot of work on this item, but if not, they certainly saw late on Sunday that this is now an urgent issue. Samsung has a lot more Rule 50 work to do.
In other news it has ben reported that Google has finally came out with a statement on the verdict. It is common knowledge that the real villain in this saga according to Apple is Google. Google is the company that created Android (the offending operating system) and give it away for free.
In a statement to The Verge, this what the company had to say:
The court of appeals will review both infringement and the validity of the patent claims. Most of these don’t relate to the core Android operating system, and several are being re-examined by the US Patent Office. The mobile industry is moving fast and all players — including newcomers — are building upon ideas that have been around for decades. We work with our partners to give consumers innovative and affordable products, and we don’t want anything to limit that.
Image Credit: The Droid Guy