Judge won't dissolve U.S. Samsung tablet injunction -- yet

Samsung's efforts to dissolve a 3-month-old ban on its once-flagship tablet have been put on ice by a U.S. District Court judge.

In an order this evening, Judge Lucy Koh -- who has presided over the San Jose, Calif., trial between Apple and Samsung -- denied Samsung's motion to get a June sales ban on its tablet reversed.

At least for now.

Judge Koh cited a lack of jurisdiction, something the court needs to wait on a mandate from the Federal Circuit to restore. With that said, Judge Koh said that the motion itself brought up a "substantial issue."

"Under all circumstances, Samsung's motion raises a substantial issue, and the Court therefore issues such an indicative ruling," Koh wrote.

Samung's Galaxy Tab 10.1 was given a preliminary sales ban in June, with stipulation that it could be reversed if Samsung was cleared of infringing Apple's D'889 tablet design patent. That's just what happened in the jury verdict that was delivered last month.

"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.

The two companies are scheduled to once again meet in the San Jose courthouse on Thursday to talk more about any injunctions to come out of last week's verdict. Last month Apple targeted eight of Samsung's smartphones for injunctions after jurors found them infringing of one or more of its patents, an issue that's scheduled to be raised in an additional hearing in early December.

Josh Lowensohn 18 Sep, 2012

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