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Samsung's appeal gaffe keeps Galaxy Tab 10.1 banned in US

Ye swung y'self from t'yardarm this time, growls beak

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Samsung has failed to persuade a US judge to lift a temporary sales ban on its Galaxy Tab 10.1 - even though the slab wasn't found to be infringing Apple's designs in the pair's epic patent trial.

The tablet was the only piece of Sammy gear that went into the court showdown with a preliminary injunction on it, after Judge Lucy Koh ruled in June that she expected the jury to declare the South Koreans ripped off the iPad.

But the jury's verdict in August, otherwise a resounding win for Apple, cleared the tablet of patent infringement. Samsung immediately filed to have the temporary ban lifted, but Apple was also in there with a filing asking the court to consider the fact that it will probably try to expand the scope of the verdict in further court action.

However, Judge Koh's hands were tied because Samsung had appealed against the preliminary injunction in the appeals court, putting the matter out of her purview.

"The court agrees with Samsung that the sole basis for the June 26 preliminary injunction was the court’s finding that Samsung likely infringed the D’889 Patent. The jury has found otherwise," she said in her order. "Thus, the sole basis for the June 26 preliminary injunction no longer exists.

"Based on these facts alone, the court at this time would dissolve the June 26 preliminary injunction if the court had jurisdiction."

Judge Koh pointed out that there could be all sorts of conflicting rulings going around if she lifted a ban that the appeals court upheld or if Apple's post-trial attempt to get the Tab 10.1 ban made permanent happens before the appeals court makes its decision.

Samsung had been hoping to attend a hearing to lift the ban tomorrow, but the judge said she didn't need to hear arguments. The case now moves forward to a court session on 6 December, when Apple will try to get a permanent US sales ban on eight Samsung mobiles based on the jury's verdict. ®

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