Apple Inc. (AAPL:US) said a court should bar U.S. sales of the cellular version of Samsung Electronics Co. (005930)’s Galaxy Tab 10.1 tablet computer even though the product wasn’t covered by an Aug. 24 verdict in the patent trial between the companies, according to a court filing.
Samsung, ordered by a federal court jury in San Jose, California, to pay Apple Inc. more than $1 billion for infringing six mobile device patents, asked U.S. District Judge Lucy Koh to lift a ban on the U.S. sales of the Galaxy 10.1 Tab tablet. The company said that the ban should be dissolved because the jury decided the Galaxy device didn’t infringe an Apple design patent upon which the June 26 injunction was based, Samsung said in a court filing yesterday.
Apple, in a court filing today, objected to the request, and sought to extend the ban to a cellular version of Tab 10.1.
“While the cellular version of the Galaxy Tab 10.1 was not included in the verdict form, it is not colorably different from the products that the jury found to be infringing as to some Apple utility patents, and thus should be covered by an injunction against sales of products that infringe those patents,” Apple said in the filing.
Samsung fell the most in almost four years in Seoul trading today after the Aug. 24 decision by the San Jose jury. The company said in June, when Cupertino, California-based Apple won the ban on U.S. sales of the Galaxy tablet, that it wouldn’t have a significant effect on its business.
The Suwon, South Korea-based company said in yesterday’s filing that it’s entitled to recover damages caused by the imposition of the improper ban on the sales of the tablet. Samsung proposed that Koh rule on the request without a hearing. Apple said in its filing it opposes that request.
The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).
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