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US ban on Samsung Galaxy Tab 10.1 tablet remains in place

At least for now
Tue Sep 18 2012, 09:42
Samsung Galaxy Tab 10.1

THE JUDGE overseeing the Apple v. Samsung case has refused to lift the ban on the Samsung Galaxy Tab 10.1 tablet in the US, for now.

US District Court Judge Lucy Koh said that it would not be right to lift the injunction now because the matter is before an appellate court, according to a report on Allthingsd.

However, she said that Samsung's request to have the ban lifted raised "substantial issues", which suggests that she might be open to persuasion.

Judge Koh approved the ban on the Samsung Galaxy Tab 10.1 in June when she agreed with Apple that its rival's product "slavishly copied" its own.

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Judge Koh said.

Last week, when lifting the injunction was being argued, Apple defended the ban, saying that since Samsung is already selling a successor tablet it does not have much to complain about.

"Dissolving the injunction only to reinstate it shortly thereafter would cause confusion in the market and is not necessary to prevent irreparable harm," Apple said.

"Indeed, Samsung admitted that the injunction is not likely to have a significant impact on its business, given that it is already selling a successor to the Galaxy Tab 10.1." µ


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