Apple vs Samsung latest: Galaxy Tab 10.1 back on sale in US after judge lifts ban

The Samsung Galaxy Tab 10.1 has been given the go-ahead to reappear at US retail outlets, after patent dispute don Judge Lucy Koh lifted the temporary sales ban against the Korean firm obtained by bitter rival Apple.

Koh's latest decision is part of the fallout from this summer's historic Apple vs Samsung court case, which resulted in the Galaxy S3 manufacturer being found guilty of patent infringement to the tune of a $1 billion (£618 million) settlement paid out to its Silicon Valley nemesis.

As part of the ongoing post-trial drama, Samsung requested that the pre-trial sales embargo on its Galaxy Tab 10.1 – instigated on 26 June and upheld against an initial appeal – was lifted whilst legal proceedings were concluded.

Following the Californian jury's decision in its favour, Apple filed to have a number of Samsung's devices barred from sale in the US, as well as arguing for an additional pay-out of $700 million. The Korean company, in turn, is appealing the original ruling.

According to reports, Koh originally tried to absolve herself of responsibility for making the latest call, saying that Samsung's appeal meant that the request was no longer under her jurisdiction.

However, the US Court of Appeals for the Federal Circuit last week remanded the matter to her, and she is thought to have spent the weekend deliberating.

In the end, she ruled against Apple's bid to stay further judgments until all post-trial motions had been argued.

The ruling, which made the Galaxy Tab 10.1 a legal entity Stateside again, read: "The court does not agree with Apple that Samsung's motion for dissolution of the June 26 preliminary injunction cannot be fairly decided without resolving Apple's post-trial motions,"

"Even if Apple ultimately prevails on its post-trial motions, any permanent injunction would be prospective and not retroactive. Furthermore, the public has no interest in enjoining a non-infringing product, and thus any market disruption caused by dissolution would be insignificant compared to Samsung's interest in restoring its product to market," Judge Koh's decision added.

While the Galaxy Tab 10.1 is an older product and is unlikely to be a focal point its holiday sales drive, Samsung has nevertheless ventured that it is buoyed by the reversal of the retail ban.

"We are pleased with the court's action today, which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for," the Korean firm said in a statement.

Despite many onlookers thinking that the California decision would represent the apex of the legal catfight between Apple and Samsung, the two companies' global patent war has continued apace.

A US appeals hearing is now scheduled for December, with Samsung is seeking to turn the tables on its American foe in the meantime, filing suit for 4G LTE patent violations related to the iPhone 5; Apple, meanwhile, has kept itself busy by suing an online Polish grocery store.

Here in the UK, Apple and Samsung are back in the High Court, with the Cupertino-based tech titan looking to escape a court order which would force it to run a potentially embarrassing series of paid advertisements and online notices stating that Samsung's tablets did not copy its iPad designs.

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