By Edvard Pettersson and Joel Rosenblatt - Jun 5, 2012 11:01 AM GMT+0700
Apple Inc. (AAPL) was denied its renewed request for a ban on U.S. sales of Samsung Electronics Co.’s Galaxy Tab 10.1 tablet computer while the case is still before a federal court of appeals.
U.S. District Judge Lucy Koh in San Jose, California, said yesterday that she doesn’t have jurisdiction to issue a preliminary injunction because the U.S. Court of Appeals for the Federal Circuit in Washington hasn’t issued a mandate yet. The judge said Apple can renew its request once the court in Washington issues its ruling.
The appeals court said May 14 that Apple can pursue its efforts to halt sales of the Samsung tablet while the infringement case is awaiting trial. Photographer: SeongJoon Cho/Bloomberg
May 30 (Bloomberg) -- Lee Simpson, an analyst at Jefferies International, talks about Samsung Electronics Co.'s Galaxy S III smartphone and the company's patent disputes with Apple Inc. He speaks with Linzie Janis and Mark Barton on Bloomberg Television's "Countdown." (Source: Bloomberg)
May 30 (Bloomberg) -- Sandy Shen, an analyst at Gartner Inc. in Shanghai, talks about Samsung Electronics Co.'s new Galaxy S III smartphone and how it compares to Apple Inc.'s iPhone 4S. Shen speaks with Susan Li on Bloomberg Television's "First Up." (Source: Bloomberg)
May 2 (Bloomberg) -- Ron Laurie, managing director of Inflexion Point Strategy LLC, talks about the patent dispute between Apple Inc. and Samsung Electronics Co. He speaks from San Francisco with Susan Li on Bloomberg Television's "First Up." (Source: Bloomberg)
Koh in December rejected Apple’s initial request, which is part of a broader patent dispute over smartphones and tablets. Apple’s renewed request was based on the Federal Circuit’s finding that it will probably win its patent infringement claim relating to the Tab 10.1 tablet.
The appeals court said May 14 that Apple can pursue its efforts to halt sales of the Samsung tablet while the infringement case is awaiting trial. The appeals court disagreed with Koh’s finding that Apple failed to show it was likely to win its case on the merits, according to court filings.
Samsung, based in Suwon, South Korea, said last month that Apple’s renewed request for the injunction is “premature” because Samsung would request a rehearing of the appeals court decision.
Representatives of Cupertino, California-based Apple didn’t immediately respond to an e-mail after regular business hours seeking comment on yesterday’s ruling.
The case is Apple Inc. v. Samsung Electronics Co. (005930), 11-01846, U.S. District Court, Northern District of California (San Jose).
To contact the reporters on this story: Edvard Pettersson in Los Angeles at epettersson@bloomberg.net; Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net
To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net
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