A U.S. dominion court judge has deny Apple ’s asking to halt sale of four Samsung products in an ongoing patent infringement cause .
District Court Judge Lucy Koh’srulingon Apple ’s preliminary injunction request , issue late Friday , allows Samsung to carry on selling the Galaxy S 4 GB , Infuse 4 G , Droid Charge , and Galaxy Tab 10.1 in the U.S.
In its suit , filed in April , Apple claims that Samsung has run afoul on several letters patent , including two iPhone designing patent , an iPad design patent and a list - scrolling software patent . Apple and Samsung are schedule to argue the full display case in court July 30 next yr .
Though Koh found merit in particular with Apple ’s infringement call regarding the list - scroll computer software , she concluded that “ Apple has give way to establish that it would be irreparably harmed in the absence seizure of a preliminary cease and desist order . ”
Koh appeared to have more trouble with the design patents than she did with the list - scrolling patent . She wrote that “ Apple has not met its overall onus of plant a likeliness of success , ” regarding its iPad design patent of invention during trial , mainly because Samsung has raised “ substantial question ” of the validity of the patent .
Regarding the broad nature of the iPad design letters patent , Koh wrote that “ a size of it that can be handheld , a screen that encompasses a large portion of the front human face of the smartphone , and a speaker system on the upper portion of the front face of the product are non - cosmetic . ”
Koh appear to witness the issue of the telephone set patents too closemouthed to call . “ In this typesetter’s case , because the homage considers the issue of infringement to be a secretive doubtfulness , Samsung confront the distinct possibility of having to incorrectly withdraw two cell phones from the food market , ” Koh wrote .
canvas Koh ’s ruling , intellectual place analyst Florian Mueller wrote in hisblogthat “ If Apple want to champion market share against Samsung ( and other Android machine shaper ) , it really needs to focus on upstanding expert patent instead . ”
Koh ’s decision is just one chapter in an ongoing global legal saga . Just this workweek , an Australian court extend the forbiddance on Samsung ’s Galaxy Tab 10.1 in the country until Dec. 9 , giving Apple more time to substantiate its argument that the tablet should not be allow for to go on sales agreement .
Apple is also attempt to block off Samsung from selling a new interlingual rendition of the Galaxy Tab 10.1 in Germany in an exertion to dodge an earlier enjoining in that country .
“ These two companies will probably still be suing each other for quite some more clock time ( and around the globe ) before they get through an agreement , ” Mueller say .
