Samsung Galaxy Tab 10.1 US ban upheld in appeals court

A US federal appeals court on Thursday denied Samsung's request to stop a ban on the Galaxy Tab 10.1 in the country.

The US Court of Appeals for the Federal Circuit denied Samsung's motion to delay an injunction until the appeals process is complete and refused to expedite the appeal.

"Regardless, we will continue to pursue a request for an appeal of the Galaxy Tab 10.1 preliminary injunction," a Samsung spokeswoman said in a statement.

The Galaxy Tab 10.1 ban went into effect on 27 June after Apple posted a $2.6 million (£1.67 million) bond. Should a higher court reverse the ruling down the road, that bond money will be used to compensate Samsung for the losses it sustained during the ban.

US District Judge Lucy Koh approved the ban in late June. Her decision stemmed from a December ruling that denied Apple's request for a preliminary injunction against four Samsung products that the Cupertino firm claimed infringed upon its patents. In June, the Court of Appeals for the Federal Circuit remanded a design-related patent back to the district court, and ordered Koh to reconsider a ban on Samsung's Galaxy Tab. She did, prompting the ban.

As patent blogger Florian Mueller noted, the Federal Circuit ruling [PDF] is light on details, except to say that Samsung must "establish a strong likelihood of success on the merits or, failing that, must demonstrate that it has a substantial case on the merits and that the harm factors militate in its favor."

In a blog post, Mueller said Samsung's next chance to get the Galaxy Tab 10.1 back on US store shelves is at the trial, which begins 30 July. "But since the Federal Circuit would have stayed the injunction if it believed in Samsung's chances of prevailing at trial, it's clear that Samsung faces an uphill battle," he wrote.

Judge Koh recently also ordered a ban on the Galaxy Nexus smartphone, but an update to Android 4.1 Jelly Bean has reportedly rectified the patent infringement problems.

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