Posted by: Marc. B in Android, Apple, Samsung, Uncategorized
In the ongoing Apple V Samsung Galaxy Tab 10.1 saga, The U.S. Court of Appeals for the Federal Circuit has ruled that Apple's design-related patent on the Apple iPad is valid.
The Courts recent decision overturns an earlier Californian courts ruling that prevented Apple securing an injunction against sales.
After this Fridays ruling, Apple put forward a motion to have the Samsung Galaxy Tab 10.1 pulled from shop shelves. This could happen as early as next month.
FOSS Patent's Florian Mueller said that Apple's injunction motion has a great chance in succeeding considering that one Circuit Court Judge believes that a ban is warranted by the evidence presented by Apple and even issued a dissenting opinion saying that simply tossing the original verdict in the California was not enough relief for the Cupertino based manufacturer, and that Apple deserved more.
"Circuit Judge Kathleen O'Malley argued that the CAFC should have reversed the decision in order to provided Apple with immediate injunctive relief in light of the irreparable harm it is suffering. But the majority of the judges saw 'no reason to believe that there will necessarily be delay, or if there is delay that it will be unjustifiable."-Florian Mueller
Apple are still trying for an out of court agreement with friend and foe Samsung and have asked them to respond to the current motion by May 25th.