June 5 (Bloomberg) -- Apple Inc. was denied its renewed request for a ban on U.S. sales of Samsung Electronics Co.’s Galaxy Tab 10.1 tablet computer while the case is still before a federal court of appeals.
U.S. District Judge Lucy Koh in San Jose, California, said yesterday that she doesn’t have jurisdiction to issue a preliminary injunction because the U.S. Court of Appeals for the Federal Circuit in Washington hasn’t issued a mandate yet. The judge said Apple can renew its request once the court in Washington issues its ruling.
Koh in December rejected Apple’s initial request, which is part of a broader patent dispute over smartphones and tablets. Apple’s renewed request was based on the Federal Circuit’s finding that it will probably win its patent infringement claim relating to the Tab 10.1 tablet.
The appeals court said May 14 that Apple can pursue its efforts to halt sales of the Samsung tablet while the infringement case is awaiting trial. The appeals court disagreed with Koh’s finding that Apple failed to show it was likely to win its case on the merits, according to court filings.
Samsung, based in Suwon, South Korea, said last month that Apple’s renewed request for the injunction is “premature” because Samsung would request a rehearing of the appeals court decision.
Representatives of Cupertino, California-based Apple didn’t immediately respond to an e-mail after regular business hours seeking comment on yesterday’s ruling.
The case is Apple Inc. v. Samsung Electronics Co., 11-01846, U.S. District Court, Northern District of California (San Jose).
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