Tuesday, October 02, 2012

Samsung wins Galaxy Tab 10.1 legal victory, adds iPhone 5 to lawsuit

Samsung scored a legal victory (of sorts) late Monday, while at the same time firing off another legal salvo against its chief rival, both in and out of the courtroom, Apple.

First, at the close of business on Monday, Federal District Court Judge Lucy Koh granted Samsung's request to dissolve a three-month-old preliminary injunction against the Samsung Galaxy Tab 10.1 Android tablet. That decision followed a "limited remand" by the Court of Appeals for the Federal Circuit.

Koh's ruling stated:

"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. Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court finds it proper to dissolve the injunction."

This could prove to be a somewhat pyrrhic victory, as there is still a hearing scheduled for Dec. 6, at which Apple could instead win a permanent injunction over the Galaxy Tab 10.1. That would happen if the Cupertino, Calif.-based company prevails on the related part of its Rule 50 motion, which could lead to Judge Koh overturning the jury's ruling in the case.

Just an hour before Koh's ruling came down, Samsung amended a lawsuit it originally filed in April against Apple. In doing so, the Korean giant added the iPhone 5 to a list of devices which it claims infringe on several Samsung patents. The original list included the iPhone 4, iPhone 4S, iPad 2, and the new iPad.

Although Samsung threatened to sue Apple over LTE patents infringed on by the iPhone 5 if the new device supported LTE (which it does), the amended lawsuit does not include those patents. Instead, Samsung said that the lawsuit covers eight patents in total, including six utility patents and two standard essential patents unrelated to its LTE patent portfolio.

Samsung's revised patent complaint can be view here.

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