May 19, 2012 - 14:04 AMT
PanARMENIAN.Net - Following a recently won appeal from the federal court, Apple on Friday, May 18 filed a motion for injunction against Samsung's Galaxy Tab 10.1 which could see the tablet pulled from U.S. shelves as soon as early June.
The motion filed late Friday was based on a U.S. Court of Appeals for the Federal Circuit ruling that found Apple's iPad-related design patent was likely valid, overturning previous findings from a California court which originally barred the Cupertino-based company from seeking a preliminary injunction against the Samsung tablet, reports FOSS Patents' Florian Mueller.
Mueller notes that Apple's second injunction attempt is likely to succeed given that at least one circuit court judge feels such relief is justified and went as far as to issue a dissenting opinion, saying that merely vacating the California ruling was not enough.
"Circuit Judge Kathleen O'Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering," Mueller writes. "But the majority of the judges saw 'no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable.'"
Apple is asking Judge Lucy Koh, who denied the first injunction as well as two others regarding smartphone patents, to rule on the matter without a hearing. The request is seen as reasonable as the court already heard arguments over the issue in October.
Judge Koh is unlikely to grant the motion for preliminary injunction during the settlement talks scheduled for May 21 to 22, thus Apple has given Samsung until May 25 to respond.
Samsung will likely ask for a hearing on the Galaxy Tab inunction if and when the talks fail, and Judge Koh may schedule it on the same June 7 date as a separate injunction case involving the Galaxy Nexus smartphone, AppleInsider reported.