The injunction against the sale of Samsung’s Galaxy Tab 10.1 has been lifted by Judge Lucy Koh. There was a delay to the injunction’s removal because the initial decision to bar the device was being appealed.
A US Federal Circuit Court of Appeals decision allowed Judge Koh to lift the ban and she also dismissed an argument from Apple which said that the court should wait until post-trial motions were completed before deciding to lift the injunction.
Judge Koh wrote “The public has no interest in enjoining a non-infringing product, and thus any market disruption caused by dissolution would be insignificant compared to Samsung’s interest in restoring its product to market.” She also held on to the $2.6 million bond Apple posted as a condition for obtaining the injunction. Whether Samsung is entitled to the cash, while was intended as insurance against lost sales, will be decided at a later stage.
“The question of whether Samsung was wrongfully enjoined is inextricably intertwined with the Court’s resolution of the post-trial motions. Accordingly, the Court will retain the bond pending resolution of the post-trial motions.”
Source: Ars Technica
