Samsung's Galaxy Tab 10.1 Back On U.S. Market

By Kristin Bent, CRN 2:07 PM EST Tue. Oct. 02, 2012

Samsung on Monday earned the latest victory in its ongoing patent war with Apple after a U.S. District Court dissolved a temporary sales ban on its Galaxy Tab 10.1, allowing the Android-based tablet to return to the U.S. market after a three-month-long injunction.

Judge Lucy Koh of the U.S. District Court of Northern California ruled Monday that the ban on the Galaxy Tab 10.1, which was put in place on June 26, should be lifted, given a jury's recent verdict that the tablet did not infringe on Apple's D'504 889 Patent, related to the look and feel of the iPad.

"The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court's finding that Samsung likely infringed the D'889 Patent. The jury has found otherwise," Koh wrote in the ruling, which was acquired by CNET Monday. "Thus, the sole basis for the June 26 Preliminary Injunction no longer exists. Based on these facts alone, the Court finds it proper to dissolve the injunction."

[Related: Samsung Issues Software Update For Galaxy S III Vulnerability]

The jury's decision was part of a larger verdict issued on Aug. 24 that found Samsung guilty of basing several of its other Android-based smartphones and tablets on Apple's designs for the iPhone and iPad. Samsung, as a result, was ordered to pay Apple $1.05 billion in damages.

But despite its larger loss, the Korean tech giant said Monday it was happy with Koh's decision to allow the Galaxy Tab 10.1 back on U.S. shelves.

"We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for," Samsung said in a statement.

Still, the broader legal battle between Apple and Samsung is far from over. Both companies are due back in court on Dec. 6, for the court to determine if at least eight other Samsung devices should be pulled from the U.S. market.

Apple also said last week it is seeking an additional $707 million in damages from Samsung to offset the blow it has allegedly taken from the sales of more recent Samsung products that were not considered in the original trial, including its Galaxy S III smartphone.

Meanwhile, Samsung on Monday filed an amendment to a claim it originally filed against Apple in April, accusing the new iPhone 5, along with the iPhone 4, iPhone 4S and iPad 2, of infringing on Samsung's designs.

According to CNET, a Samsung spokesperson said the company has "little choice but to take the steps necessary to protect our innovations and intellectual property rights."

PUBLISHED OCT. 2, 2012