Apple has taken advantage of the latest Federal Circuit Court of Appeals ruling in its favor.
Last week, the Federal Circuit Court of Appeals ruled that a district court erred when it decided that Apple didn’t sufficiently show a likelihood of success on the merits, so as to receive a preliminary injunction.
While the Appeals Court didn’t grant Apple’s injunction, it certainly opened the door to allowing Apple to enjoin the sale of Samsung Galaxy Tablets in the United States.
Now, Apple has decided to take action on the appeals decision; the company filed a motion late Friday to enjoin the sale of Samsung Galaxy Tab 10.1 tablets in the United States.
The patent is one of several in dispute between Apple and Samsung. Apple claims that the Korean electronics company infringed on several of its patents relating to smartphones and tablet devices.
U.S. District Court Judge Lucy Koh denied Apple’s preliminary injunction, claiming that Apple hadn’t shown that its patent would pass the obviousness test.
But in the new motion filed on Friday, Apple argued that its iPad related design patent would likely have success on the merits. As such, the company requested a preliminary injunction against Samsung.
Apple is requesting Judge Koh to rule on the matter without a hearing, seeing as the court has already heard the arguments in the case.
While Judge Koh had previously ruled that Apple didn’t show a likelihood of success, Friday’s motion mentioned the fact that Judge Koh did agree that Apple would suffer harm from the competition with Samsung’s product.
Apple certainly faces some stiff competition. While the Samsung Galaxy Tab offers different features than the iPad, USA Today hails the Galaxy Tab as the affordable alternative to the iPad.
The decision on the preliminary injunction isn’t likely to come for the next few days as the two companies are in settlement talks.
- Apple Samsung Patent Infringement Case: Verdict is In (FindLaw’s Federal Circuit Blog)
- Browse Federal Circuit Court of Appeals Cases (FindLaw Cases)
- Apple Blocks Samsung Galaxy Tablet Sales in Europe (FindLaw’s Technologist)