This past Friday was big news for Apple with the jury’s decision to find Samsung guilty of infringement on some important patents relating to the iPhone and iPad.
Although the courts handed down a decision that cost Samsung $1.05 billion, the jury did not find the Korean tech company guilty of infringing on design elements of the iPad. Because the jury didn’t consider the Galaxy Tab a design copy of Apple’s tablet, Samsung has asked for a disillusionment of the pre-trial U.S. ban on selling the Galaxy Tab 10.1.
Judge Lucy Koh implemented a temporary injunction on sales of the Galaxy Tab 10.1 in the US in late June, before the trial began. “Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products,” said Koh.
Since the jury’s findings conflict with the judges statement, naturally, Samsung is asking to have the injunction lifted. This does not necessarily mean that the company will get their toys back.
According to Mark McKenna, who spoke to Thomson Reuters over the weekend, Koh can overrule the jury’s decision and issue a verdict that the Galaxy Tab did infringe on Apple’s design patent.
Others believe a similar outcome could take place.“Judge Koh appears to be of the mindset that the accused Samsung tablet easily meets the ‘substantially the same’ infringement standard – so much so that the facts lead to one and only one conclusion – infringement,” said Christopher Carani of intellectual property lawfirm McAndrews, Held and Malloy.
If the injunction does end up being lifted, Apple could be faced with the prospect of paying damages for wrongful imposition. Apple was previously required to post a $2.6 million bond to protect Samsung in case the courts found that the injunction was wrongfully granted. Maybe they could take it out of the one billion that Samsung is about to hand over.