A United States appeals court has given Apple an opportunity to seek a sales injunction against Samsung’s Galaxy Tab 10.1, which would see the tablet immediately banned from U.S. stores and removed from shelves around the country, based on allegations of a single infringing patent.
South Korean Samsung and Apple are scheduled to attend settlement talks next week and if Apple proceeds with the injunction, it could decide whether the settlement talks will be successful or an utter failure, Reuters reported.
The U.S. Court of Appeals for the Federal Circuit has indicated that the lower district California judge’s decision regarding Apple’s design patent would likely be held upon being proven valid. Additionally, the court indicated that tablet sales in the United States should be banned until a trial could be held.
While Cupertino, C.A.-based Apple currently has the ability to demand an immediate ban on sales of Samsung’s Galaxy tablet, the company could hold off and negotiate an end to the year-long legal conflict. This is a possibility which the district court ordered the two electronics giants to discuss prior to their talks which are scheduled May 21st through the 22nd, ZDNet reported.
The patent in question in Monday’s ruling pertains to the Samsung Galaxy Tab 10.1 tablet’s design. The U.S. District Court of the Northern District of California previously found the design patent could be very well be challenged as “obvious.” In which case, the patent should have never been granted, however, the appeals court has disagreed.
Apple initiated the ongoing patent war between the two companies in April of 2011, as the company claimed that Samsung had “slavishly” copied the design of their infamous iPad.
Apple iPad 3 vs Samsung Galaxy Tab 10.1 Video: