Samsung requests Galaxy Tab 10.1 injunction to be thrown out, seeking damages against Apple

Apple won a preliminary injunction on Samsung’s Galaxy Tab 10.1 in late June after claiming Samsung’s hot-selling tablet infringed on its iPad D’889 design patent. During the Apple vs. Samsung case that ended on Friday, it was ruled the Galaxy Tab 10.1 did not infringe on any of the iPad’s patents—specifically the one questioned in June. Consequently, Samsung now wants the injunction tossed out and damages placed on Apple.

The Verge reported that Samsung filed a motion last evening to have the injunction thrown out, and the company wants it done quickly. Since the jurors did not find the Galaxy Tab 10.1 infringing on the patent called up in the preliminary injunction hearing in June, Samsung wants to be let off the hook:

Samsung seeks an order dissolving the Court‟s June 26, 2012 Order Granting Preliminary Injunction and/or an indicative ruling that the Court would dissolve the preliminary injunction were jurisdiction restored to the Court. Samsung also requests that the Court retain Apple‟s bond pending a determination of the damages suffered by Samsung as a result of the injunction. Samsung concurrently files a Motion to Shorten Briefing Schedule.

Furthermore, Samsung believes Apple should have to pay damages. Until a damages hearing can be scheduled, Samsung wants Apple’s $2.6 million bond to get the injunction in effect.

On Friday, jurors ruled in favor of Apple in the monumental Apple vs. Samsung trial. Apple had many patent claims against Samsung, which called into question a slew of its devices. Similarly, Samsung also had patent claims on Apple, but it was not awarded a win. Samsung has been ordered to pay Apple $1.04 billion as a result. Samsung already displayed its plan to appeal the case.

While the Galaxy Tab 10.1 did not infringe on the D’889 patent called into question during the original injunction hearing, the jury found the tablet infringed on several Apple software patents. However, Samsung may have a case in getting its tablet back on the market thanks to the way the original ruling was written.

Samsung hopes to have this bit figured out as soon as this week. We are sure this is not the last of the appeals and other miscellaneous filings that are found post verdict.

September 20 will begin the second preliminary injunction hearing. This is where Judge Koh will decide what Samsung devices are given an injunction based on the verdict issued on Friday.

[Court Filing (PDF) via The Verge]

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