Samsung once again vies for reversal on U.S. tablet ban

Samsung is fighting Apple tooth and nail to reverse a 2-month-old sales ban on its more than year-old tablet.

Samsung's Galaxy Tab 10.1 in front of Apple's iPad. James Martin/CNET

The court trial between Apple and Samsung may have wrapped up last week, but the spat just keeps on rolling.

The latest: a new court filing from Samsung, attempting once again to get the U.S. preliminary injunction against its Galaxy Tab 10.1 dissolved ahead of next month's post-trial injunctions-related hearing.

You might remember that tablet was given a preliminary sales ban in June , with stipulation that it could be reversed if Samsung was cleared of infringing Apple's D'889 tablet design patent. That's just what happened in the jury verdict that was delivered at the end of last week.

Samsung's 4G-enabled Galaxy Tab 10.1, on Apple's spillover hit list for sales bans.
Samsung's 4G-enabled Galaxy Tab 10.1, on Apple's spillover hit list for sales bans. Apple

But in a filing yesterday, Apple effectively doubled down, saying that its sister product -- the 4G LTE version of the tablet -- should also be banned from sale. Why? Apple said the 4G tablet was not "colorably different" from its Wi-Fi sibling, which the jury found to infringe three of Apple's software patents.

In a new court filing this afternoon the Samsung minced no words, saying that the injunction centered on the design patent, and that Apple originally misread the outcome of the trial.

"The jury's verdict demonstrates that Apple's predictions about what the jury would do as to the D'889 were wrong and that the injunction entered on that basis therefore can no longer be maintained," Samsung wrote.

The company added that Apple had disrupted its business with the injunction and should therefore result in a quick reversal of the ban. That "disruption" came to light two months ago when Samsung noted that Apple took the liberty of sending do-not-sell letters to carriers and retailers that carry Samsung's products .

Those letters included a copy of the court-ordered injunction, as well as a postscript suggesting that retailers were "acting in concert" with Samsung by selling its products and thus must obey the court order. In a July filing, Samsung said Apple crossed the line with letters, going so far as to call them "menacing." In today's letter to the court, Samsung urged for a quick reversal.

"Prompt relief in the form of dissolving the injunction is more than amply warranted in light of Apple's efforts to disrupt the business of both Samsung and its retail partners through such misrepresentations about the injunction," Samsung said.

The two companies are scheduled to once again meet in the San Jose, Calif. federal courthouse on September 20 to talk more about any injunctions to come out of last week's verdict. Apple yesterday targeted eight of Samsung's smartphones for injunctions after jurors found them infringing of one or more of Apple's patents.

 

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