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Consumer Affairs

Court Refuses Apple's Request To Block Samsung Tablet

The decision clears the way for holiday sales of the Samsung Galaxy Tab


PhotoA U.S. District Court in San Jose, Calif., has rejected Apple's motion to ban the sale of the Samsung Galaxy Tab 10.1 tablet on the grounds it violates Apple's patent of the iPad 2.

The ruling was supposed to remain sealed but was accidentally posted to the court's website over the weekend, and thus made public. The ruling means the Samsung 10.1 tablet, as well as Samsung's Infuse 4G, Galaxy S 4G, and Droid Charge smartphone can be sold in time for the holidays.

Apple filed the suit claiming Samsung copied the iPad when it designed its new tablet computer. Once the ruling had been reported, Samsung issued a statement saying the ruling “raised substantial questions about the validity of the Apple patents. Samsung argued that it's design is more of a matter of function, not a copy of the iPad's technology.

More than one way

Apple countered that there is more than one way to design a tablet and that rather than come up with its own design, Samsung simply stole and implemented Apple concepts.

Apple presented an expert witness – independent industrial designer and inventor Cooper Woodring – who testified that the iPad's black rectangular frame, which is replicated on the Galaxy Tab, is ornamental in nature and has no other function.

Meanwhile, a court in Australia Friday refused to lift a ban on the sale of the Galaxy tablet until Apple had a chance to file an appeal. However, the court said it might rule on the request by December 9.


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