Friday, July 06, 2012, 04:55 pm
Federal court denies Samsung motion to stay Galaxy Tab injunction, grants Nexus stay [u]The U.S. Court of Appeals for the Federal Circuit on Friday denied Samsung's request for the immediate stay of an Apple-won injunction against the Galaxy Tab 10.1 pending judgement of district and federal court appeals while an identical motion for the Galaxy Nexus remains up in the air.
Update: Samsung has won a temporary stay on the Galaxy Nexus smartphone that will remain in effect until at least next week, reports Bloomberg, meaning that sales of the device can resume until Apple responds to the Federal Appeals Court motion on July 12.
Apple won temporary U.S. injunctions against Samsung's Galaxy Tab 10.1 tablet and Galaxy Nexus smartphone last week and the South Korean company has yet to find any success in staying the rulings ahead of the lucrative back-to-school season.
In its latest attempt to keep the devices on shelves Samsung requested that the CAFC stay both injunctions, reports FOSS Patents' Florian Mueller, and asked the Federal Circuit for immediate stays ahead of a decision on a stay pending appeal. The court's Motions Panel denied the immediate stay request for the Galaxy Tab 10.1 without further comment but did not offer a ruling on the Galaxy Nexus.
Ruling denying Samsung's request for an immediate stay of the Galaxy Tab injunction. | Source: FOSS Patents
Judge Lucy Koh of the Northern District of California, who first instituted both injunctions, denied Samsung's request to stay pending appeal on Monday for the Galaxy Tab and followed up that ruling with a denial for a stay on the Galaxy Nexus injunction on Tuesday.
Apple has been ordered to respond to the federal motions to stay by July 12 at 12 p.m. Eastern for the Galaxy Tab and the 5 p.m. for the Nexus.
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