If you thought that Samsung were out of the woods following their defeat against Apple to stop them selling the Galaxy Tab 10.1 in the US then think again. According to Engadget, Apple made an appeal and was given another crack at getting the Galaxy Tab 10.1 banned.
US judge bans Samsung Galaxy Tab 10.1 sales in the US
It now seems that Judge Koh has granted their request to stop the sales of the Galaxy Tab 10.1 and while details of this are scarce, it is only a preliminary hearing which means that if Samsung come out on top the ban will be lifted and the Galaxy Tab 10.1 will be on the market again. However it is still bad news for Samsung at this time.
Recently All Things D were able to get hold of Judge Koh's order. It seems that the injunction was granted based on the strengths of merits of the case brought by Apple and the fact that it is unlikely that Samsung would be able to invalidate the design patent of Apple. The court already said that the Galaxy Tab 10.1 looked almost the same as the design of the iPad, and it more than likely infringes on Apple.
The judge also went on to say that due to the two being competitors in the world of tablets, design did matter more to customers when it came to making a purchase of a tablet, therefore Apple may be harmed by more sales of the Galaxy Tab 10.1. The judge believes that these factors far outweighed hardship of Samsung and therefore the Tab 10.1 was banned in the US.
Samsung have apparently recently filed an appeal over the ban according to Foss Patents.
