Samsung has filed a motion with U.S. District Court of Northern California arguing that its Galaxy Tab 10.1 has not infringed on any Apple iPad design patent, hence the preliminary ban on Galaxy Tab sales in U.S. should be lifted immediately, reports The Verge.
Samsung’s tablet was found to have violated several software patents, though the preliminary injunction was based on the design property alone, bringing into question the injunction’s validity.
“Samsung pointed out that the D’889 patent was the piece of IP cited in the court’s original injunction order. Since the jury decided the Tab 10.1 didn’t infringe that patent, Samsung argues that the injunction was unfair. The company is also asking that the court hold on to the $2.6 million bond Apple paid to secure the injunction until a damages hearing can be held”.
In order for the preliminary injunction to take effect, Apple needed to post a $2.6 million bond, which Samsung is now requesting the court to retain until a hearing can be held to argue damages incurred by the sales ban.
Apple first tried to have the Galaxy Tab 10.1 blocked in the U.S. last year, but the injunction was denied by Judge Lucy Koh saying the Apple won’t suffer much harm from its continued sale. However, the same judge eventually issued a ruling to ban its U.S. sales in June 2012.