Judge Lucky Koh has lifted the preliminary injunction on Samsung Galaxy Tab 10.1 allowing Samsung to resume the sales in the United States. Koh banned the device on the basis that it infringed one Apple patent D’889. This patents deals with the ’rounded’ corner design patent.
Samsung wanted the ban to be lifted by there was some apprehensions by the judge and Apple the ban to be continued until the post trial is concluded.
Samsung has filed a request with the US Court of Appeals for the Federal Circuit, asking that there be a limited remand of its appeal so Judge Lucy Koh will have jurisdiction to decide the issue of whether the preliminary injunction on Samsung’s Galaxy Tab 10.1 should be dissolved.
The jury in the Apple v. Samsung trial ruled that the Galaxy Tab 10.1 did not infringe Apple’s rounded corners patent. And Judge Koh responded to a Samsung motion asking that the injunction be lifted, that if she had jurisdiction, she’d dissolve the preliminary injunction.
The ban could have been lifted earlier but since Samsung appealed in the US Court of Appeals for the Federal Circuit she felt that her hands were tied until the Federal Circuit acts.
Samsung later asked the Appeals court to grant her the authority to decide this issue. The court had granted Judge Koh the limited purpose authority to decide on the ban.
A Microsoft and Oracle consultant, Florian Mueller, known for writing anti-Android stories posts in his blog, “she dissolved the preliminary injunction that was in place because she would never have granted one if she had expected the jury to find in Samsung’s favor on the D’889 infringement issue.”