At the moment, Samsung and Apple are set to go before Judge Lucy Koh at the beginning of December for a preliminary injunction hearing. Apple wants an injunction against 8 Samsung devices that were found to be infringing on its patents, and if the company has its way, it could get that injunction before December 6. FOSS Patents reports that late last week, Apple requested that Judge Koh move the date of the injunction hearing up.
It isn’t any surprise that Apple is doing such a thing. Apple won the trial, and now it wants to move as quickly as possible to get a sales ban on the devices that were declared to be infringing. Samsung is looking to have a sales ban on the Galaxy Tab 10.1 lifted after the jury said that the tablet wasn’t infringing on any of Apple’s patents, and the hearing to determine the fate of the Galaxy Tab 10.1 is scheduled for September 20. Apple is now asking that its own motion for injunction take place before the hearing for Samsung’s motion, and it’s pretty easy to see why.
One of the reasons Apple would want its preliminary injunction hearing moved up is because that may prevent Samsung from selling those infringing devices during the holiday season. Just like Samsung did throughout the trial, Apple is calling for the equal treatment of both parties, claiming that its request for injunction is more important than Samsung’s request to reevaluate the ban on the Galaxy Tab 10.1. Apple has also filed a “Rule 50” motion to overturn the jury’s ruling on the Galaxy Tab 10.1, so preventing the dissolution of the injunction on the device altogether is another top priority for the company.
It’s difficult to say at this point which way Judge Koh will sway. She may give into Apple’s request based on the call to treat both parties equally, but on the other hand, she may feel uneasy granting a new round of injunctions when one current injunction may have been unfairly ordered. We shall see in the coming days and weeks, but for now, have a look at our story timeline for the latest on the Apple-Samsung patent trial.