Before Apple and Samsung enter settlement talks over the long-running patent dispute, the iPhone maker has filed patents pushing for the ban of the Samsung Galaxy Tab 10.1 in the United States.
The settlement talks are to run during May 21 and 22 in San Francisco, while the court has sided with Apple over the legitimacy of an iPad patent. The ruling on the Tab 10.1 ban filing was made in the U.S. District Court for the Northern District of California.
"[Judge Lucy] Koh had earlier in the year said Apple was unlikely to win its patent claim against the Tab 10.1, siding with Samsung's contention that Apple's iPad-related design patent claim ... would be considered invalid," Techworld reported.
The Court of Appeals agreed with Apple on the validity of an iPad patent, claiming Samsung has "failed to raise a substantial question" regarding the validity of the D'899 patent based on "obviousness."
Apple said Koh agreed that Apple would be harmed by the Galaxy Tab 10.1, while Apple also stressed it would suffer from the Galaxy Tab.
"This Court should now promptly enter a preliminary injunction to protect Apple from the continuing irreparable harm that this Court found five months ago was likely to occur in the absence of such relief," it said finally.
Judge Koh could grant Apple's request for an injunction if the court-mandated settlement talks break down. Apple has proposed to give Samsung until May 25 to file its response.
Samsung could ask for another hearing on the Tab 10.1 injunction request, which could happen on the same day, according to FOSS patents.
"A U.S. preliminary injunction against the Galaxy Tab 10.1 won't be devastating for Samsung's business. It will basically be an embarrassment and it may have some temporary effects on ... revenues," FOSS patents also noted. The site added there will be a redesigned Galaxy Tab 10.1; Samsung released the Galaxy Tab 10.1N in Germany, which modified the metal frame of the tablet and the location of the speakers back in 2011, over a patent similar to the iPad design patent. The device went on sale from Nov. 17, 2011.
