Apple has filed to have its injunction claims against eight Samsung products moved up, in light of Samsung’s September hearing on getting the current injunction against the Galaxy Tab 10.1 tossed out. Currently Apple, the winner in the patent lawsuit against Samsung earlier this month, will have to wait until December to get injunctions against the infringing products.
electronistaThe timing of the hearing may be playing a crucial role. Apple, naturally, does not want Samsung to be able to sell infringing products during the holiday shopping season, the largest and most profitable buying period of the year. In a filing to the court, the iPad maker argues that its motion for injunctive relief “is more urgent” than Samsung’s sole claim, and “certainly should not be addressed before Apple’s motion.” At the least, it wants the current injunction against the Galaxy Tab 10.1 to stay in place until its own hearing.
In one of Samsung’s few victories in the trial, they were found to be not infringing on Apple’s design patents with their Galaxy Tab 10.1 iPad-like device.
In what are common moves for cases like this, both sides have filed motions appealing for the judge to overturn the jury verdicts on the parts of the rulings each did not like. For Samsung, this is basically every finding the jury made, as it said Samsung was guilty of copying Apple and infringing on its patents, and it lost every counterclaim that it had made against Apple. Apple’s “Rule 50” motions seek to overturn the findings on the Galaxy Tab 10.1.
As it is currently scheduled, Samsung’s motion to dissolve the Galaxy Tab injunction would come before either company’s “Rule 50” motions.
Horse, get behind the cart. Judge Koh may have no choice but to grant Apple’s request, or at least change the order of the hearings.
