Feeds

Samsung Galaxy Tab 'a harmful drug', says Apple in ban bid fail

Judge tells Microsoft mimic to get real

Next gen security for virtualised datacentres

A US court has once again denied Apple the chance to ban Samsung's Galaxy Tab 10.1 before the case has fully played out.

The fruity firm tried to get a preliminary injunction against the Android-powered tablets, citing patent infringement allegations, but Judge Lucy Koh said her California district court "currently lacks the jurisdiction" to grant one.

Judge Koh had told Apple in December that it wasn't getting a ban against Samsung, so the iPhone-maker went to the US Court of Appeals in Washington, which told the district judge to reconsider her decision.

Samsung then appealed against the appeals court's ruling, parking the case in Washington for the time being.

"A district court is without jurisdiction to grant injunctive relief that would alter the status quo while an appeal is pending," Koh said today.

Apple's motion for the early ban asked the court to "promptly" give it what it wanted "to protect Apple from the continuing irreparable harm that this court found five months ago was likely to occur in the absence of such relief".

"Each day that Samsung continues to sell its infringing Tab 10.1 causes additional harm to Apple through design dilution, lost sales, lost market share, and lost future sales of tag-along products. This court should enter a preliminary injunction forthwith to protect Apple from additional irreparable harm," Apple demanded.

The iPad maker tried to overcome the issue of jurisdiction by citing a case in which a district court did grant a preliminary injunction because it was trying to protect the public from harmful misbranded drugs.

Judge Koh said that the argument was a bit of a reach.

"Here… there is no broad public interest such as protecting the public from harmful drugs that forms the basis of the status quo that must be preserved," her ruling said.

"Moreover, the federal circuit did not reverse the preliminary injunction order and direct this court to issue an injunction, but instead vacated the order with respect to the D’889 Patent and remanded the case for further proceedings."

She did, however, say that Apple was free to file again for the ban once things were tidied up at the appeals court and all was ruled in its favour, so that the injunction could get slapped on quickly. ®

The essential guide to IT transformation

More from The Register

next story
Hello, police, El Reg here. Are we a bunch of terrorists now?
Do Brits risk arrest for watching beheading video nasty? We asked the fuzz
UK fuzz want PINCODES on ALL mobile phones
Met Police calls for mandatory passwords on all new mobes
Munich considers dumping Linux for ... GULP ... Windows!
Give a penguinista a hug, the Outlook's not good for open source's poster child
EU justice chief blasts Google on 'right to be forgotten'
Don't pretend it's a freedom of speech issue – interim commish
Detroit losing MILLIONS because it buys CHEAP BATTERIES – report
Man at hardware store was right: name brands DO last longer
Snowden on NSA's MonsterMind TERROR: It may trigger cyberwar
Plus: Syria's internet going down? That was a US cock-up
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
Yes, but what are your plans if a DRAGON attacks?
Local UK gov outs most ridiculous FoI requests...
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.