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Samsung fails to get Galaxy Tab ban in US lifted pending appeal

Fruitsters favourite in fondleslab fisticuffs

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Samsung has been denied a stay on the preliminary injunction against the Galaxy Tab 10.1 in the US.

The Korean firm was trying to hold up the ban on the fondleslabs until it had a chance to appeal the ruling, but US Judge Lucy Koh said that the injunction would go ahead.

Judge Koh originally denied Apple the chance to stop imports of the 10.1, but the fruity firm appealed to the Federal Circuit court, which came down on the iPad-maker's side. As a result, Koh issued the ban last week.

In order to get the judge to put a hold on the ban, Samsung needed to prove a number of things, including that it would suffer "irreparable harm" if the injunction wasn't stayed and it was likely to win its appeal against the ruling.

Unfortunately, the company rather shot itself in the foot by saying after the ruling that it wasn't bothered about the ban because the successor to the 10.1 tablet was already on the market.

"Samsung has not met its burden of establishing that it will likely face irreparable injury absent a stay of the preliminary injunction," Judge Koh said in a court filing. "Samsung representatives have stated publicly that Samsung projects no significant harm as a result of the preliminary injunction."

The firm's attempts to show that it would probably win its appeal also failed to convince the judge and she said that anyway it had the $2.6m bond put up by Apple to cover any losses.

"This Court followed the Federal Circuit's remand instructions, and in any event, the "new evidence" cited by Samsung is unlikely to change either this Court's or the Federal Circuit's assessment of the merits," the judge said.

The American front of Samsung's patent war with Apple is not looking good for the Korean tech giant, which is also facing a ban on Galaxy Nexus phones. That's another ban the firm is trying to get stayed with Judge Koh pending an appeal.

The Nexus ban also affects Google, as it's the search giant's flagship Android mobe of the moment. According to The Korea Times, the block has drawn the Chocolate Factory into the fight to plan tactics with Samsung.

"It’s too early to comment on our game plan (with Google) in the legal battle; but we will do our best to get more royalties from Apple, which has benefited from our technology," a Samsung insider reportedly said.

"The fight is becoming more dramatic and the possibility of a truce in the form of a cross-licensing deal, seems to be becoming likely." ®

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