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Apple request for ban on Samsung tablet put on hold

Company has asked a U.S. District Court judge to ban Samsung's Galaxy Tab 10.1, but Apple can't get its wish until a higher court has sent down an official mandate.

Apple is desperately trying to get the Samsung Galaxy Tab 10.1 banned from the United States. But before that can happen, Apple must wait for some judicial procedures to be completed.

Last month, the U.S. Court of Appeals for the Federal Circuit said that U.S. District Court Judge Lucy Koh was "incorrect in thinking that one Apple patent related to the iPad may be invalid" and said that the Cupertino, Calif.-based company was well within its rights to ask for a ban on the sale of Samsung's Galaxy Tab 10.1. A previous motion filed with Koh to ban Samsung's tablet was denied.

Soon after the Circuit Court laid down its decree, Apple went back to Koh to ask for a ban on the Samsung tablet. However, Koh said yesterday, according to Reuters, that she couldn't make a determination on the matter until the higher court officially hands over jurisdiction.

Although it wasn't the best news for Apple, Koh reportedly told both parties that Apple could refile for a ban as soon as her court once again receives jurisdiction over the case.

Apple and Samsung have been waging a bitter court battle over alleged patent infringement for quite some time, yet neither company has been able to win the upperhand. What's worse, the companies recently came together to try and come to terms, but those talks apparently went nowhere.

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging," an Apple spokesperson told CNET in an e-mailed statement. "This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

CNET has contacted Samsung for comment. We will update this story when we have more information.

Updated at 6:45 a.m. PT to include Apple's statement.