Cocksure Apple still seeking Galaxy Tab ban

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Cocksure Apple still seeking Galaxy Tab ban

Apple renewed its bid for a court order immediately blocking sales of Samsung Electronics’ Galaxy Tab 10.1 tablet computer, relying on an appeals court’s finding that it will probably win a patent infringement claim.

Apple made a similar request last year to U.S. District Judge Lucy Koh in San Jose, California, as part of a broader patent dispute over smartphones and tablets.

She rejected the proposed injunction in December.

The U.S. Court of Appeals for the Federal Circuit in Washington said on May 14 that Apple can pursue its efforts to halt sales of the Samsung tablet in the U.S. while the infringement case is awaiting trial.

The appeals court disagreed with Koh’s ruling in December that Apple failed to show it was likely to win its case on merit, according to Apple’s filing on Friday.

“The court can and should enter a preliminary injunction against sales of the infringing Galaxy Tab 10.1 without a further hearing,” Apple said in the filing.

“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.”

Samsung spokesman Adam Yates did not immediately return an e-mail request seeking comment on Apple’s filing.

Since the San Jose case was filed in April 2011, Apple and Samsung have filed more than 30 such lawsuits against each other in 10 countries.

In response to Apple’s bids to block sales of Samsung devices and win billions of dollars in damages, Samsung has asserted that Apple’s patents are invalid and claimed that it is the real victim of infringement.

Koh ordered Apple Chief Executive Officer Tim Cook to meet in person with Samsung CEO Choi Gee-sung yesterday and today to try to reach a settlement of the dispute.


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