Apple temporarily stymied in Galaxy 10.1 injunction

0160(0)0updated 01:52 am EDT, Tue June 5, 2012 Jurisdictional issues need to be cleared before suit continues

Apple's ongoing patent dispute suit with Samsung was again heard in US District Judge Lucy Koh's courtroom on Monday. Judge Koh has rejected the bid to ban some Samsung products, including the Galaxy 10.1 tablet, on procedural grounds. Dhr declared that the appeals court that returned the judgement to her last month must formally surrender jurisdiction back to her court before she could rule on the matter. No timetable has been given for the jurisdictional shift.Once the appeals court returns the matter, Apple can refile the request. The company had argued that Koh could issue the injunction in her court regardless of jurisdictional ownership in accordance with a 1951 case, United States v. El-O-Pathic Pharmacy, involving a district court acting prior to a appeals court mandate to protect the populace from mislabeled pharmaceuticals. Apple's (tenuous) link between the Galaxy 10.1 tablet and bogus drugs is best drawn from a court filing from last month: "Each day that Samsung continues to sell its infringing Tab 10.1 causes additional harm to Apple through design dilution, lost sales, lost market share, and lost future sales of tag-along products."

Yesterday's court session comes after the CEOs of both Apple and Samsung were ordered to negotiate a settlement in May, but talks between Apple CEO Tim Cook and Samsung CEO Y.K. Kim were unsuccessful. Judge Koh is hearing separate infringement cases between Apple and Samsung, and earlier decreed that the sides narrow the number of patents in question.





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