US District Judge Lucy Koh has granted Apple's request for a preliminary injunction against the Samsung Galaxy Tab 10.1, effectively banning the tablet's sale and importation within the United States.

The injunction was ordered on the basis that Samsung's tablet infringes one of Apple's iPad design patents.

"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," noted Koh in her decision.

Sweet validation

Koh originally denied an injunction on the basis that Apple's design patent was likely invalid. Apple appealed the decision, however, and a US court of appeals accepted the validity of Apple's patent in the process of granting the company's appeal.

On this basis, Koh has ordered an injunction against the Galaxy Tab 10.1. The US is now the third country in which a sales ban has been imposed against Samsung's slate.

In Australia, a sales ban was imposed and later lifted on appeal. In Germany, Samsung was able to effectively circumvent a sales ban with a minor redesign – the result of which was the Samsung Galaxy Tab 10.1N.

So appealing

The injunction was due to enter into effect as soon as Apple posted a $2.6 million bond – which would have protected Samsung from damages if the injunction was later found to be wrong.

However, Samsung has already filed its notice of appeal, submitted just five hours after the injunction was ordered.

[source: Foss Patents/Reuters]