Apple-Samsung Judge Won’t Change Sales Ban Hearing Dates
Apple Inc. (AAPL) lost a bid to delay Samsung Electronics Co.’s request to lift a preliminary ban on U.S. sales of its Galaxy Tab 10.1 computer until after a judge considers Apple’s request to bar some products permanently.
U.S. District Judge Lucy Koh in San Jose, California, today denied Apple’s request to reschedule the Dec. 6 hearing for a permanent ban on U.S. sales of eight Samsung mobile devices ahead of a Sept. 20 hearing on Samsung’s request to lift a preliminary sales ban on the Galaxy tablet. Apple argued in a court filing that its request is “more urgent” than Samsung’s.
Apple is seeking to bar U.S. sales of the eight smartphone models and the tablet after a jury found Aug. 24 that Samsung infringed six of seven patents at stake in the trial and awarded Apple $1.05 billion in damages. Seven of the eight smartphones that Apple seeks to ban are part of Samsung’s Galaxy line.
In her opinion today, Koh said she previously disagreed with arguments Apple made in court filings, “and no change in facts or the law has changed the court’s opinion.”
Koh also cited Apple’s indication that it may seek to broaden the scope of Samsung products it wants banned in a permanent injunction as a reason not to change the hearing dates.
Apple, based in Cupertino, California, won a ban on U.S. sales of the Tab 10.1 in June that the Suwon, South Korea-based company said wouldn’t significantly affect its business. Apple, seeking to make that prohibition permanent, said in an Aug. 27 court filing that Koh should also bar U.S. sales of a version of the tablet that runs on mobile networks, even though that product wasn’t covered by the Aug. 24 verdict.
Samsung sought to have the ban on the Tab 10.1 lifted on Aug. 26 after the jury found the device didn’t infringe the Apple design patent on which the June 26 court-ordered sales ban was based. The jury instead found that the Tab 10.1 infringed three of Apple’s software patents.
Colleen Patterson and Lauren Vroom, spokeswomen for Apple, didn’t immediately respond to e-mails seeking comment on today’s ruling.
The case is Apple Inc. v. Samsung Electronics Co. (005930) Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).
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