Samsung appeal for stay of injunction barring sales of Galaxy Tab 10.1 denied by court

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

About the Author: Jeff Causey

Raised in North Carolina, Jeff Causey is a licensed CPA in North Carolina. Jeff's past Android devices include an HTC EVO, a Samsung Note II, an LG G3, and a Motorola Moto X Pure Edition along with a Samsung Galaxy Tablet 10.1. He currently uses a Samsung Galaxy S8 and (very rarely) a Nexus 7 (2013). He is also using a Verizon-branded Motorola Moto Z Play Droid supplied by his job. Jeff used to have a pair of Google Glass and a Moto 360 Sport in his stable of gadgets. Unfortunately, his kids have all drunk the Apple Kool-Aid and have i-devices. Life at home often includes demonstrations of the superiority of his Android based devices. In his free time, Jeff is active an active runner usually training for his next marathon, owns a MINI Cooper, and plays Dungeons & Dragons. Jeff has three mostly grown kids and a golden retriever.

  • Jim Davidson

    I have yet to see one android site say that the judge said the tab was not as “cool” as the iPad.