Samsung Galaxy Tab 10.1 injunction lifted, Samsung files request to add iPhone 5 to Apple suitAlex Wagner - Editorial Director of News and Content
The Samsung Galaxy Tab 10.1's successor may have already been released here in the U.S., but that hasn't stopped Samsung from trying to get the injunction against the Tab 10.1 lifted in recent months. Today Samsung finally got its wish, as Judge Lucy Koh has ordered that the injunction put in place against the Tab 10.1 back in June be dissolved. The order, discovered by The Verge, explains that Koh agreed with Samsung that the basis for the ban was that the Tab 10.1 was thought to infringe upon Apple's D'889 patent. However, the jury that delivered a verdict in the Apple-Samsung trial found that the Tab 10.1 didn't violate that design patent, so Koh decided that the injunction could be dissolved. Koh also said that the court will be holding on to the $2.6 million posted by Apple for the injunction until all of the post-trial motions between the company are completed.
Samsung has also made some offensive moves in one of its legal battles against Apple today. FOSS Patents notes that Samsung has filed a request to add the iPhone 5 to a case that kicked off back in February, in which Samsung alleges that Apple has violated eight of its patents. Samsung said last month that it planned to examine the iPhone 5 and determine whether or not it infringed any patents, and in its new filing, the company claims that Apple's newest smartphone "has the same accused functionality as the previously accused versions of the iPhone."
While the Galaxy Tab 10.1 may not be the newest slate in Samsung's lineup of products, I'm sure that the company is pleased to finally have the injunction against it lifted. Of course, the Tab 10.1 was found to infringe upon other patents in the Apple-Samsung trial, so the device may not be safe for long, as Apple and Samsung are scheduled to meet for an injunction hearing in December. As for the iPhone 5, it's not terribly surprising to learn that Samsung is targeting it in one of its patent suits against Apple. The case already involves previous models of the iPhone, and Samsung says that it's been examining the iPhone since it became available for purchase, so the company had plenty of time to try and find some aspect of the device that it felt infringed upon its patents. Now we just have to see how the court reacts. Stay tuned for more as we get it.