Apple’s attempt to ban U.S. sales of Samsung’s Galaxy Tab 10.1 moved one step closer to fruition on Tuesday, as the Court of Appeals for the Federal Circuit denied a request from Samsung to rehear the case.
The CAFC denial opens the door for Apple to refile its original preliminary injunction motion after California Judge Lucy Koh initially shelved the request two weeks ago pending receipt of an official federal mandate. Apple is closing in on the tablet ban after traversing a bumpy road of rejections and appeals as the California district court judge is set to make a decision after hearings later this week, reports FOSS Patents.
The rejection comes one month after the CAFC partially granted Apple’s appeal of a December 2011 ruling handed down by Judge Koh, which was a wholesale rejection of Apple’s requests to ban Samsung devices that copy the design of the iPhone and iPad. Apple then tried to refile for a sales ban of the Galaxy Tab, but the effort was shot down.
The decision overturned part of the initial ruling against the injunction requests, and allowed Apple to reassert their claims against the Galaxy Tab, but Samsung lawyers were able to convince Koh that it would be premature to issue any injunction without a formal mandate from the CAFC.
Tuesday’s decision should be followed up shortly by the official mandate Judge Koh has been awaiting in order to move forward with the injunction.
