Is Apple Losing its War Against Samsung?

Apple (NASDAQ:AAPL) has received a small setback in its patent case against Samsung, with a judge asking the California company to wait on its request for an injunction against the Galaxy Tab 10.1 until an appellate court can make a formal ruling on the issue.

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The U.S. Court of Appeals for the Federal Circuit had ruled partially in Apple’s favor last month, letting it attempt the injunction against Samsung but blocking it from doing so against several of the Korean company’s phone models.

However, Judge Lucy Koh said on Monday that Apple would have to wait for the CAFC to file a formal ruling in the Galaxy Tab case, too. She said there was a possibility that the court would “rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand,” and that in such a case, any injunction from her “would create confusion.”

According to FOSS Patents, the delay would possibly be only a minor setback for Apple and the iPhone maker could get its wish fairly quickly once the CAFC mandate arrived. In fact, the article claims Samsung’s latest Galaxy S III smartphone could be the “obvious next target” for Apple.

“One possibility that Apple might consider is to use largely the same patents as in its motion against the Galaxy Nexus … It’s possible that Apple will now wait and see what perspective on its Nexus motion Judge Koh indicates at the Thursday hearing, and then decide on its course of action for the S III,” the article says.

Apple and Samsung first went to court last year and have now sued and countersued each othet in 10 different countries. The chief executives of the two companies had met late last month to try and reach a settlement, but were unable to agree on the terms.

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