Apple’s efforts to push through an import ban on Samsung’s Galaxy Tab 10.1 in the U.S. ended up in nothing, as Judge Lucy Koh, who is overseeing the patent infringement combat between Apple and Samsung, ruled on Monday the company must wait until the U.S. Court of Appeals hands down a mandate. Koh told both parties she won’t have jurisdiction to impose a preliminary ban until a Federal Appeals Court finishes the process.
Having initially called an iPad design patent invalid, the Court of Appeals eventually ruled it was valid enough to use against Samsung. Apple grabbed the opportunity offered by the new decision and lodged a request asking the court to block the South Korean device maker from selling the Galaxy Tab 10.1 in North America.
The two tech giants have been busy battling each other over patent violation claims for several months. Both sides have argued that the other imitate patented technologies for their mobile devices without proper licensing, and have filed infringement suits against each other not only in the U.S., but also in numerous other countries.
Judge Koh’s announcement that she doesn’t have jurisdiction to issue a ban yet gives Samsung a short period of time to tip the scales in its favor, especially since Apple is anticipated to eventually win the injunction. Assuming the iPad maker scores another victory, Samsung will most likely alter its Galaxy Tab 10.1 design to work around the ban, just as it did after the tablet was blocked from sales in Germany.