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Apple Must Prove iPad Patent Infringement by Samsung and Provide Valid Patents for U.S Court

Samsung’s Galaxy tablets may have infringed Apple iPad patents, but Apple may not be able to prove that the patents are valid a U.S. judge has decided.

In a global battle against the South Korean company’s newest tablet, the Samsung Galaxy Tab 10.1, Apple has successfully blocked the sale of the tablet in both Europe and Australia recently.

But U.S. District Judge Lucy Koh said Apple must now prove that Samsung infringed their patents and that the patents are legally valid reports Reuters.

Justice Koh is sure to deny Apple’s request for an injunction on the basis of a utility patent, but she has yet to decide whether to grant the other injunction which is based on design patents.

Samsung is taking time to respond, despite the fact that this might cost the company money during the Christmas shopping season.

The South Korean technology giant, after losing an initial hearing in Australia over an injunction, has decided to take their own time to formulate a response rather than expedite it.

Samsung recently said that to avoid any sort of ban on the hardware in Europe, it will be launching a re-engineered model of its Galaxy Phone.