Samsung gains from appeals court decision.
Samsung has been suffering from the August jury verdict in the Samsung v Apple case where they where judged to have infringed on Apple patents. In that verdict, they are to pay $1 billion to Apple. But that case is far from over as Samsung may prevail in an appeal. They have seen some things go there way since the verdict came out and it seems that the tide is being to change in their direction and away from Apple. The latest one being reported is for the popular Galaxy Nexus which Apple had gotten a ban back in June. Samsung has gotten the ban lifted.
Earlier this month, the ban against the Galaxy Tab 10.1 was lifted. That was because the jury verdict did not prove the tablet had violated the patent Apple had claimed. That was great news. Now, the Galaxy Nexus is free from a ban which Apple had gotten from Judge Koh. This ban impacted sales in the US and that has now been changed. The interesting part of this is how the ban was lifted. It was not from the court of Judge Koh, but rather the appeals court who has ordered it back to the lower court to rehear the ban. Until the case is re-heard, the ban no longer exists.
The appeals court also took the time to issue some unusual statements about the lower court injunction issued against the Galaxy Nexus and Samsumg. In that, they said “we hold that the district court abused its discretion in enjoining the sales of the Galaxy Nexus”. That is a very strong statement against the granted ban by Judge Koh. We typically do not hear those kinds of statements in making a ruling over turning a lower court ruling. This is far from being over and it may have implications as the August ruling goes to an appeals court.
Samsung may have the entire August ruling thrown out. We can hope.