Samsung is Simply Out of Luck Against Apple

A district court judge has denied Samsung’s motion to dissolve the Galaxy Tab 10.1 sales ban imposed by Apple (NASDAQ:AAPL), also vacating in the process a scheduled hearing between the two companies this week to discuss the issue.

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The development follows the jury decision of last month that found Samsung guilty of violating six Apple patents. But based on exactly that decision, Samsung had requested that the standing sales ban on the tablet be lifted as the specific device was found not in infringement of Apple’s D’889 iPad design patent.

“The jury’s verdict demonstrates that Apple’s predictions about what the jury would do as to the D’889 were wrong and that the injunction entered on that basis therefore can no longer be maintained,” Samsung wrote in its August filing to get the injunction dissolved.

However, Judge Lucy Koh on Monday filed an order noting that the injunction cannot be dissolved as the ban is under appeal with the Court of Appeals for the Federal Circuit. The judge did admit that Samsung’s motion raised a “substantial issue.”

The two companies are also scheduled to meet in December to debate additional injunctions and damages resulting from Apple’s win.

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