A federal appeals court Thursday shot down Samsung's request to lift a ban placed on sales of its Galaxy Tab 10.1 tablet in the U.S., marking the second time the Korean tech giant has been denied this request.
The U.S. Court of Appeals for the Federal Circuit denied Samsung's plea to delay the ban until the appeals process is complete, according to a report Thursday from PC Magazine. The court also refused Samsung’s request to expedite the appeal.
A Samsung spokesperson told CRN it will move forward with the appeal process, despite this week’s setback.
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"Regardless, we will continue to pursue a request for an appeal of the Galaxy Tab 10.1 preliminary injunction, which we filed on June 26 to the Court of Appeals for the Federal Circuit," the spokesperson said in an emailed statement.
The injunction was put in place after California District Judge Lucy Koh ruled in Apple’s favor that the Samsung’s Galaxy Tab 10.1 infringes on an ornamental design patent used for the iPad. Koh said in the ruling that Samsung was competing unfairly by "flooding the market with infringing products."
Samsung and Apple have been entangled in an ongoing legal battle for months now, after Apple first accused Samsung of its Android-based Galaxy smartphones and tablets being “slavish copies” of the iPad and iPhone. The two rivals have taken the case across the globe, with trials also being held in Germany, the Netherlands, and the U.K.
Samsung first tried to waive the U.S. ban in early July, but was denied, after inadvertently shooting itself in the foot by telling CRN and other publications that it didn’t anticipate the ban to deal any major blow to its sales numbers. Judge Koh then ruled to keep the ban in place because Samsung failed to prove it would suffer an "irreparable" harm from halted Galaxy Tab sales.
