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Samsung sues Apple over iPhone 5; judge lifts Galaxy Tab 10.1 ban

October 02, 2012|By Salvador Rodriguez
  • Samsung has filed a lawsuit against Apple in a U.S. court, alleging patent infringement by the iPhone 5.
Samsung has filed a lawsuit against Apple in a U.S. court, alleging patent… (Apple )

Samsung scored a rare victory against rival Apple as a U.S. court judge on Monday lifted a ban on U.S. sales of the Galaxy Tab 10.1 tablet.

As the judge was issuing the order, Samsung filed its own patent infringement lawsuit against Apple's iPhone 5, escalating the global legal wrangling between the two electronic giants.

U.S. District Judge Lucy Koh late Monday lifted the ban on sales of the tablet imposed in June. The judge imposed a temporary injunction prior to the August patent infringement trial that resulted in a $1 billion victory for Apple.

The judge had ordered the ban saying she expected Samsung's tablet would be found to be infringing on a specific patent, D'889. But the trial's jury found the Galaxy Tab 10.1 infringed on other patents, not D'889.

"The Court agrees with Samsung that the sole basis for the June 26 Preliminary Injunction was the Court’s finding that Samsung likely infringed the D’889 Patent.," Koh wrote in an order released Monday. "The jury has found otherwise. Thus, the sole basis for the June 26 Preliminary Injunction no longer exists."

Samsung didn't wait long to pick a fight. On Tuesday, the South Korean tech company announced that it has filed a lawsuit against Apple, this time alleging patent infringement by the iPhone 5, according to Reuters.

"We have little choice but to take the steps necessary to protect our innovations and intellectual property rights," Samsung said in a statement, according to Reuters. 

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