The only victory for Samsung in last Friday’s ruling was that its Galaxy Tab 10.1 device was found not to infringe upon Apple’s iPad design patents. As a result, Samsung on Sunday filed a motion with the US District Court to have the preliminary injunction the device is currently subjected to lifted.
The motion reads in part:
Here, the jury found that Samsung‟s Galaxy Tab 10.1 does not infringe the D‟889 patent. Since the purported infringement of the D‟889 patent was the only basis for the preliminary injunction, the jury‟s finding means that Samsung had a right to sell the Galaxy Tab 10.1 during the period in which the injunction has been in effect. Samsung is therefore entitled to recover damages caused by the improper injunction, and the Court should retain the bond so that it may do so.
Apple was initially granted a preliminary injunction against Samsung’s tablet back in June, with Judge Lucy Koh ruling that while Samsung “has a right to compete, it does not have a right to compete unfairly by flooding the market with infringing products.”