Apple’s attempt to temporarily ban U.S. sales of Samsung’s Galaxy Tab 10.1 is one step closer to fruition. The Court of Appeals for the Federal Circuit denied a request from Samsung to rehear the case.
The denial has opened the door for the Cupertino, California-based company to re-file its original preliminary injunction motion after California Judge Lucy Koh initially shelved the request two weeks ago pending receipt of an official federal mandate.
According to FOSS Patents, Apple seems to be closing in on the Galaxy Tab-ban after a bumpy road of rejections and appeals as the California district court judge is set to make a decision after hearings later this week. The rejection has come one month after the United States Court of Appeals for the Federal Circuit (CAFC) partially granted Apple’s appeal of a December 2011 ruling in which Judge Koh handed down a wholesale rejection of requests to ban Samsung products that supposedly mimic the design of iOS products. At the time, Apple quickly attempted to re-file for a Galaxy Tab sales ban but the effort was put down.
The May decision may have overturned part of the initial ruling against the injunction requests and allowed Apple to reassert claims against the Galaxy Tab but Samsung lawyers convicted Judge Koh that it would be premature to issue an injunction without receiving mandate from the CAFC. Here, Apple asked the CAFC “to issue he Mandate Forthwith or Shorten the Time to File a Petition for Panel Rehearing or Rehearing En Banc”. However, the court deferred he motion, saying the following:
In light of Appellees’ [i.e., Samsung’s] representation that they will file a petition for rehearing on May 29, 2012, the court will defer ruling for now on Appellant’s [i.e., Apple’s] motion to issue the mandate forthwith.
This helped lead towards the decision handed down recently which should be followed up shortly by the official mandate Judge Koh who has been waiting for an order to move forward with the injunction. Apple and Samsung are said to be meeting in the California court again on Thursday (today) for a hearing on the two parties’ summary judgment requests in an attempt to narrow the scope of the trial. At the time of this news report being written, updates regarding Thursday’s hearing are awaited.
The two tech-giants have been fighting over several different issues and the legal battles continue. As of right now, Apple is gaining an upper hand but we will have to wait and see where the next step leads to.