U.S. District Judge Lucy Koh in San Jose, California, ordered sales of the tablet computer halted in June, saying it was likely the device infringed a patent for a rectangular tablet with curved edges, a polished reflective surface and rounded back. A U.S. jury last month said Samsung didn’t infringe that patent.
This week, the judge refused to lift the ban because an appeal of her order is before the U.S. Court of Appeals for the Federal Circuit in Washington. She said she might dissolve the ban if granted jurisdiction. Samsung wants the appeals court to give her authority to make that decision.
Apple, based in Cupertino, California, said it would seek a sales ban of the device based on the jury’s finding that other patents were infringed. A hearing is scheduled for December.
In a filing today with the Federal Circuit, Suwon, South Korea-based Samsung said its appeal of the June ruling would be moot if the higher court sends the case back to Koh and she lifts the ban. It’s asking for an expedited decision on its request.
The case is Apple Inc. v. Samsung Electronics Co., 12-1506, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).
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