Ina Fried

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Judge Koh Ends Ban on Samsung Galaxy Tab 10.1

A federal judge on Monday ended a sales ban on the Samsung Galaxy 10.1.

Judge Lucy Koh had issued the injunction in June based on the likelihood that a jury would find that a specific Apple design patent had been infringed. Although the jury largely sided with Apple in the case and awarded more than $1 billion in damages, the jury didn’t find Samsung’s tablet infringed on that particular product.

“The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court’s finding that Samsung likely infringed the D’889 Patent,” Koh said in her ruling. “The jury has found otherwise. Thus, the sole basis for the June 26 Preliminary Injunction no longer exists.”

Koh could still impose a permanent sales ban on that and other Samsung products after a hearing in December.

Samsung said it was pleased with Koh’s ruling.

“We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for,” Samsung said in a statement.

Koh had initially declined to lift the ban, noting that the issue was before an appeals court. However, the Federal Circuit court last week ruled that Koh could lift the ban if she saw fit.

For the time being, Koh is also hanging on to a $2.6 million bond that Apple had posted, but will decide later whether any of that money should be given to Samsung on the basis that the injunction was wrongfully issued.

Separately, Samsung on Monday also filed court papers to add the iPhone 5 to a second suit between the two companies.

“We have always preferred to compete in the marketplace with our innovative products, rather than in courtrooms,” Samsung said. “However, Apple continues to take aggressive legal measures that will limit market competition. Under these circumstances, we have little choice but to take the steps necessary to protect our innovations and intellectual property rights.”

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Another gadget you don’t really need. Will not work once you get it home. New model out in 4 weeks. Battery life is too short to be of any use.

— From the fact sheet for a fake product entitled Useless Plasticbox 1.2 (an actual empty plastic box) placed in L.A.-area Best Buy stores by an artist called Plastic Jesus