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Samsung SMACKDOWN: US appeals court keeps ban on Galaxy Tab

Not listening to that Limey judge, nossiree

The smart choice: opportunity from uncertainty

A US appeals court has denied Samsung's second try at holding up a ban on its Galaxy Tab 10.1 in the country.

District Judge Lucy Koh already said that the preliminary injunction she ordered wouldn't wait until Samsung had completed its appeal against it and the Court of Appeals has backed her up.

The Korean chaebol has no doubt been popping the champagne corks as a UK court decided that Tabs weren't as cool as iPads so they couldn't be copies and, oh yeah, Apple should have to take out ads and paper its website with notices saying so. But on the other side of the Atlantic, the firm is not doing so well in court.

On top of the Court of Appeals' decision to not to stay the injunction on Tabs, it also refused a request to speed up the appeal process.

"Samsung may of course significantly self-expedite the case by filing its own brief early. Samsung, however, has not shown that the time for Apple to file its brief should be shortened," the court said in its ruling.

The Tab 10.1 was banned by Judge Koh while the case rumbles on through the courts. Although Apple has to put up a bond of millions, which will be given to Samsung if it ends up winning, the Korean firm is not going to want its gear off the shelves for too long. After all, punters aren't going to wait for Samsung to win its cases before buying fondleslabs.

The only ways left to Samsung to get the ban on lifted are to wait for trial to start on July 30 or design around the single design patent that Apple won the injunction for.

That patent is "the ornamental design for an electronic device", which kind of is the whole design of a tablet: it's also the patent the UK court used when making its decision that the Tabs didn't copy iPads. ®

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