Court of Appeals sends Galaxy Tab 10.1 injunction decision back to Judge Koh

Despite the fact that a jury found Samsung’s Galaxy Tab 10.1 not guilty of infringing on Apple design patents, Judge Lucy Koh refused to lift a sales injunction on the device in a recent trial revisiting the issue. Now the Federal Court of Appeals has stepped in, sending the issue back to Jufde Koh’s bench, where it can once again be considered. The difference now is that Samsung can argue that the injunction should be lifted due to the results of the larger trial. Whether or not Koh reverses her decision remains to be seen. She hasn’t necessarily been the most forgiving of Samsung throughout these proceedings.

[via Engadget]

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  • moises1204

    yea that is exactly my thoughts, if i was Samsung i be worried, if she dint give Samsung a fitting chance the first time what would make her change her mind, she probably already cashed that check, hahaha.

  • No_Nickname90

    How dare she allow this to place a sales injunction on the Galaxy Tab!? And she calls herself a judge. You don’t even see the Apple buttons on that, and yet Apple’s iPad has a home button. I’m so mad. Somebody needs to slap her 10 times. But not me. I don’t want to go to jail for like promisery threats or something. =.3

    • Nizzzy

      she should be slapped, come get me br0

  • Larkhillv

    Darn that Jufde Koh!

    • ILIkeBubbles

      Lmao!

  • stndspec

    Samsung cannot get a fair trial from Koh. Everyone sees it, it has become a popular joke across the world. This judge is famously discredited, her court is an infuriating farce.

  • Stephen

    Don’t even have to read the article. Attaching her name to anything Samsung tries to do makes it an automatic no…. That biatch

  • Brian

    I keep commenting on Kevin’s articles to mention how terrible a journalist/blogger he is.

    Judge Koh didn’t refuse to lift the injunction, but said that it was no longer under her jurisdiction because Samsung had already appealed it to the Federal Court of Appeals.
    http://www.groklaw.net/article.php?story=20120918081710752

    Please read Groklaw for *actual* coverage of Android-related legal news

    • rustygh

      Not true. Groklaw simply stated what excuse koh used
      Now the appeals court is saying koh does in fact have the authority and we won’t make the decision for you.

    • EDNYLaw

      Typically what will happen is there will be an appeal filed in conjunction with a motion to reargue. The federal system does not usually allow interlocutory appeals and therefore, an appeal can only be taken up to 30 days after final judgment is entered. The district court does, absolutely have jurisdiction to lift a ban instituted by the same district court. If Samsung made the motion after final judgement was entered there’s not much the district court can do except consider a motion to reargue. Usually filing an appeal will stay an proceedings in district court because it divests the district court of jurisdiction while the appeal is pending. If Samsung filed the motion after filing it’s appeal, then it’s at fault for waiting too long, if they did it before appeal, the judge was wrong. That’s the quick legal summary. By the way, not just a blogger or something, I’m a federal attorney.

      • Brian

        Okay, I stand corrected :)

        I still don’t like that the source of his source was FOSS Patents :P
        But you can call that personal bias.

  • JulianZHuang

    samsung can do the same. just pay her already.

  • master94

    Apple should name a device ikoh after all she has been Apple’s employee of the month for what 2 years now.

  • ILIkeBubbles

    About damn time. I’m not one to want big government but somebody had to show that woman that obvious favorites will not be allowed in the u.s. Court system.

    • Nizzzy

      anything is allowed in the us justice system as long as you have enough $$

  • Duncan Booth

    She didn’t exactly refuse to lift it, she said she would have lifted it except that because it was with the appeals court she didn’t have jurisdiction. Now the appeals court has given her the jurisdiction she needed so there shouldn’t be any reason for further delay lifting it.

    • rustygh

      That’s not true. She had the authority and didn’t want to
      The appeals court said you have to make the decision we are not doing it for you
      Appeals court don’t get to grant more power they simply revisit if power was used correctly

  • WadeDogg

    throw all of these bullshit patent suits the hell out from both sides and from every side so these companies can all get their asses back out in the market and COMPETE DAMMIT!!

    and may the best phone win..

  • Modman

    Apple can’t compete without lawsuits.
    Apple maps is another failure. But if they ban all the better products people will have to buy theirs. Apple stole the iphone idea from the lg prada. Apple stole windows from xerox and tablets from microsoft. Samsung stole from apple what apple stole from sony and others. Only in America can you patent shapes rounded edges and prior inventions that other companies fail to patent.

  • BUDDAH123

    I BET YOU KOH AND HER CLAN ARE ALL BEING SHOWERED WITH ALL KINDS OF APPLE PRODUCTS DIRECTLY OR INDIRECTLY. THERE HAS GOT TO BE SOME CONNECTION ON THE WAY THIS JUDGE IS BEHAVING. I HOPE THAT THEY FIND A DISCREPANCY ON THE ORIGINAL PROCEDINGS TO INVALIDATE THE FIRST DECISION AND THE APPEALS COURT FINDS HER TO BE PARTIAL TO APPLE AND QUESTION HER ABILITY TO BE ON THE BENCH….

  • G0nzo

    the apple’s best investment