KOREAN HARDWARE GIANT Samsung has won the right to challenge the sales ban on its Galaxy Tab 10.1 tablet, a ban that was granted to its arch-rival Apple.
Despite being denied the right to appeal just a few weeks ago, the US Circuit Court of Appeals ruled on Friday that Samsung could appeal the injunction, after US District Court Judge Lucy Koh had said that she was unable to act because Samsung had already appealed.
The Court of Appeals said in its ruling, "We grant the motion and remand for the purpose of allowing the trial court to consider Samsung's motion and Apple's arguments in opposition thereto. The appeal is held in abeyance pending further ruling from the trial court.
"The parties are to inform this court promptly of the trial court's ruling on the motion and propose how they believe the appeal should proceed in light of such ruling.
"In granting the motion, the Federal Circuit takes no position on the proceedings the trial court should employ in considering the motion to dissolve the preliminary injunction or on the merits of the motion."
The issue looks likely to go in Samsung's favour, as although Apple accused Samsung's tablet of "slavishly copying" the Apple Ipad, the jury found that it did not infringe the patent at issue.
Apple has opposed lifting the injunction, but could not be reached for comment at the time of writing.
Samsung has commented on the decision, saying, "On September 28, 2012, the US Court of Appeals for the Federal Circuit made a ruling, permitting the US District Court for the Northern District of California to consider our request to lift the preliminary injunction on the GALAXY Tab 10.1. We will continue to take all appropriate measures to ensure the availability of our innovative products." µ
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