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Old 09-18-12, 10:30 AM   #1
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Post Judge can't lift ban on Samsung tablet'even though it's not infringing

One of the few positives for Samsung that came out of itsbillion-dollar loss to Apple was a ruling that it did not infringe one Apple design patent. But before the trial began, US District Court Judge Lucy Koh on June 26 granted Apple a preliminary injunction barring sales of the Samsung Galaxy Tab 10.1 based on that patent.

Unfortunately for Samsung, the company is now having trouble getting that preliminary injunction lifted. Samsung asked Koh to dissolve the preliminary injunction, but she said she can't right now, because Samsung appealed the matter to a different court. "Samsung's pending appeal of the June 26 Preliminary Injunction deprives the Court of jurisdiction to dissolve the injunction until and unless the Federal Circuit returns jurisdiction to this Court," Koh wrote in a ruling on Monday (PDF).

If Koh's hands weren't tied, she would lift the ban immediately, it seems. "The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court's finding that Samsung likely infringed the D'889 Patent," she wrote. "The jury has found otherwise. Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court at this time would dissolve the June 26 Preliminary Injunction if the Court had jurisdiction."

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