Court denies second Samsung attempt to stay Galaxy Tab injunction
As noted by FOSS Patents' Florian Mueller, the judgment means the South Korean electronics giant won't be afforded an opportunity to stay the sales stoppage of its tablet until the Apple v. Samsung jury trial begins in late June.
Samsung will likely have a tough time in acquiring a stay as the CAFC's decision to deny the two motions is seen as an endorsement of the original injunction handed down by Judge Lucy Koh, the jurist presiding over the upcoming trial.
The CAFC' pair of rulings:
1. Samsung's motion to stay the preliminary injunction during the appeals process is denied.
The opinion notes that in making its decision, the court assessed "the movant's changes of success on the merits" and "weighed the equities as they affect the parties and the public." It goes on to say that "[t]o prevail [on a motion to stay], a movant must establish a strong likelihood of success on the merits or, failing that, must demonstrate that it has a substantial case on the merits and that the harm factors militate in its favor."
Samsung failed to show it was substantially harmed by the injunction, therefore this particular motion to stay was denied.
2. Samsung's motion to expedite the preliminary injunction appeal is denied.
The CAFC's opinion is brief, stating "Samsung may of course significantly self-expedite the case by filing its own brief early. Samsung, however, has not shown that the time for Apple to file its brief should be shortened."
As part of the ruling the court noted that Apple should not expect any time extensions to file its response.
Mueller believes Samsung has better prospects with the Galaxy Nexus smartphone injunction appeal, to which the company has a stay.
Apple and Samsung are scheduled to meet in district court for a jury trial over a number of asserted patent claims on July 30.
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