Apple Wins Appeal; Convinces Judge to Ban Galaxy Tab Imports in U.S.

Paul Lilly

Remember being told, "If at first you don't succeed, try, try again?" Apple heard the message loud and clear, and applied that philosophy to our legal system where, on appeal, it was able to win a big victory against Samsung. No longer is Samsung allowed to sell its Galaxy Tab 10.1 tablet in the U.S. after U.S. District Judge Lucy Koh in San Jose, California, ruled in Apple's favor upon a second examination.

The same judge saw no reason to grant Apple's request for a ban the first time Apple argued its case, but had a change of heart after a federal appeals court instructed her to take another look at the complaint.

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh wrote on Tuesday, Reuters reports .

Apple must first post a $2.6 million bond before the order goes into effect. That money could end up in Samsung's pockets as damages if it's later determined the injunction was invalid to begin with.

The latest ruling comes not even a full week after a federal judge in Chicago sided with Motorola Mobility in a similar case in which Apple also sought the ban of certain imports.

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