On Monday, U.S. District Court Judge Lucy Koh denied Samsung a previous motion that the company had filed asking for the sales ban on its Galaxy Tab 10.1 to be dissolved. As such, Koh vacated the upcoming September 20th hearing that had been scheduled for both parties to discuss the product ban issue.
Apple and Samsung have been going at each other, battling over patented technologies in courtrooms around the world. One casualty of these of these wars was Samsung's Galaxy Tab 10.1. After the landmark Apple-Samsung case in California in August, Samsung filed a motion to lift a previous sales ban on the devices because it was found that it didn't infringe on a specific Apple patent.
Because the Galaxy Tab 10.1 sales ban is being appealed through the Court of Appeals for the Federal Circuit, Koh said she is not able to dissolve the ban at this time and doesn't have any control over the issue until the appeals court makes its decision.
Apple said its piece on the matter and argued that to lift the ban now and then re-impose it later on "would cause confusion in the market and is not necessary to prevent irreparable harm."
In Koh's motion to dismiss, it states "The parties agree that Samsung's pending appeal of the June 26th preliminary injunction deprives the Court of jurisdiction to dissolve the injunction until and unless the Federal Circuit returns jurisdiction to this court."
In related news, Koh has a hearing scheduled for December 6th to discuss a request by Apple to impose a permanent sales ban in the United States on eight other Samsung products. Since its initial win in Koh's courtroom in August, Apple has filed an additional brief seeking a sales ban on a number of other Samsung products, including several devices in Samsung's newer Galaxy line of smartphones.
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