Galaxy Tab 10.1 banned in US

Earlier decision reversed as Apple gets its way
Darren Allan

June 27, 2012
Samsung-Galaxy-Tab-10.1-2

Apple has scored a major victory over Samsung in the two firm’s tit-for-tat legal battles across the globe.

A US judge has seen fit to ban the Galaxy Tab 10.1 from sale over in the States, due to infringement issues Apple has previously complained about.

At the end of last year, US District Judge Lucy Koh had said that the Tab was okay to be sold in the country, and she had stated that Apple’s preliminary injunction to remove the tablet from sale would be an excessive measure.

Apple appealed against this decision, though, forcing the judge to reconsider, and she’s done just that – changing her mind and banning the Tab for the time being, as the case rumbles on.

Judge Koh noted: “Although Samsung has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products. While Samsung will certainly suffer lost sales from the issuance of an injunction, the hardship to Apple of having to directly compete with Samsung’s infringing products outweighs Samsung’s harm in light of the previous findings by the Court.”

T3 reports that Apple will, however, have to stump up a bond of $2.6 million, to potentially hand over to Samsung if the decision is later found to have been erroneous (to make up for lost sales). That wouldn’t be a surprise given how much these patent cases can flip-flop.

Nonetheless, though, this is clearly a major victory for Apple, where previously Samsung had seemingly been making headway at the end of last year.






 

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