Judge rejects Samsung request for stay on Tab 10.1 ban, ITC denies Apple emergency ban on HTC devicesAlex Wagner - Senior News Editor
It was just under a week ago when Judge Lucy Koh granted Apple's request for a preliminary injunction against the Samsung Galaxy Tab 10.1 here in the U.S., and now Judge Koh has made another decision in the case. Samsung had requested that the Tab 10.1 injunction be stayed while it waited for a decision to be made concerning an appeal, but today Judge Koh turned down Samsung's request for a stay. Neither Apple nor Samsung have commented on the judge's decision.
In other Apple-related legal news, the U.S. International Trade Commission has denied the Cupertino firm's request for an emergency ban on imports of HTC devices. Apple last month filed an ITC complaint against HTC, claiming that 29 of HTC's Android devices infringe upon one of Apple's patents. Apple had asked that a emergency ban be placed on the devices to hold them at the U.S. border, but the ITC shot down that request, saying that it doesn't believe that Apple "demonstrated the propriety of temporary emergency action here." HTC confirmed that it received notice of the ITC's decision and said that plans to "vigorously defend its case." Considering that HTC already endured a delay on high-profile devices like the One X and EVO 4G LTE back in May, I'm sure that the company is happy to hear that Apple's emergency ban, which included those two products and many others, has been denied.
As for Apple and Samsung's battle, the Galaxy Tab 10.1 injunction may not be a huge deal to Samsung now that the 10.1-inch Galaxy Tab 2 is available, but the ban and stay denial are part of a streak of courtroom losses that Samsung has recently encountered. That streak also includes a preliminary injunction against the Galaxy Nexus. Of course, Samsung isn't just taking the bans lying down, as it has filed appeals on them both. Whether or not those appeals will actually succeed remains to be seen, but one thing's for sure: The legal battles between Apple and Samsung and Apple and HTC here in the U.S. are definitely heating up. Stay tuned for more as we get it.