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September 21, 2012

Samsung loses appeal to lift US sales ban of of Galaxy Tab 10.1

South Korean firm had appealed to a higher court to have the ban overturned

By CBR Staff Writer

A judge at the US District Court in California has refused to lift a ban on sales of Samsung’s Galaxy tablet 10.1 in the country following its long-running global legal battle with rival Apple over patent infringements.

In June 2012, US District Judge Lucy Koh had ruled to halt sales on Samsung’s tablet computer claiming that the tablet infringed Apple’s patent for a rectangular tablet with curved edges, a polished reflective surface and rounded back.

While, in August 2012, a US jury claimed that Samsung didn’t infringe that patent.

In a ruling the judge reported that she would grant Samsung’s request if she could, but that she is no longer authorised to make the call as the South Korean firm had appealed to a higher court to have the ban overturned.

According to the judge, the ban would be called off if she receives jurisdiction.

Judge Koh said that the sole basis for the June 26 preliminary injunction no longer exists.

"The court at this time would dissolve the June 26 preliminary injunction if the court had jurisdiction," Koh said.

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Earlier, the iPhone maker had argued in a court filing that calling off the ban during the petition only to re-impose it later "would cause confusion in the market and is not necessary to prevent irreparable harm."

Further, the South Korean firm is requesting the appeals court to offer her right to make that decision.

In its filing, Samsung said that its petition of the June 2012 ruling would be debatable following the higher court’s sending of the case back to Koh and she lifts the ban.

Samsung spokesman Adam Yates said the firm is disappointed by the court’s decision.

"We will continue to take all appropriate measures to ensure consumer access to our innovative products," Yates said.

In August 2012, Apple has won a patent lawsuit against Samsung and has also been awarded $1.051bn in damages.

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