On Thursday, a U.S. appeals court turned down Samsung’s request to stay a preliminary injunction barring the sale of Galaxy Tab 10.1 tabs. The preliminary injunction was granted by Judge Lucy H. Koh in patent litigation between Samsung and Apple over the design of the Galaxy Tab 10.1. The injunction was granted on June 26th and bars Samsung from importing or selling the Galaxy Tab 10.1 in the U.S. The injunction does not apply to the Galaxy Tab 10.1 II, the current model being sold by Samsung in US markets.
The patent in question involves the design of tablet devices. Judge Koh found the Galaxy Tab 10.1 to be similar in design in “the eyes of the ordinary observer.” This conclusion is basically one hundred eighty degrees opposite of recent rulings in similar litigation in the U.K. in which Judge Colin Birss determined the Samsung devices were not as simplistic as Apple’s devices and therefore customers would not be confused. Judge Birss has gone so far in that case as to order Apple to issue public statements indicating the Samsung design did not copy Apple.
In addition to refusing to lift the stay on sales, the Court of Appeals also denied Samsung’s motion to expedite their appeal of the court’s order. Samsung has not released a comment on the ruling.
source: PC World