28 Apple logoIt seems like Apple won’t give Samsung a break, although we’re guessing that Samsung’s victory against Apple in Australia did not do anything to help with their mood either. A while back Apple tried to get an injunction against Samsung’s Galaxy Tab 10.1 tablet in the US as part of the ongoing patent infringement legal battle between the two tech giants. The request was denied but Apple does not appear to have given up and has filed an appeal.

The Cupertino company has appealed its case for a preliminary injunction to the Court of Appeals for the Federal Circuit in the US, and it seems that at least one person thinks that Apple has a good chance at convincing the courts to overturn some parts of the original ruling. FOSS Patents blogger Florian Mueller seems to think that Judge Lucy Koh’s ruling was not well-reasoned, and that at the very least the Court of Appeals could correct the flaws made in her ruling and remand it for reconsideration.

Assuming that the Court of Appeals does give Apple’s appeal a chance to be heard, the process would take months, although a decision to be made on Apple’s appeal should arrive before Judge Lucy Koh rules on a permanent injunction. If Apple’s appeal is successful, this could be a huge blow to Samsung especially given how the US market is one of their more important ones.

Filed in Apple >Tablets. Read more about Apple Inc, galaxy tab 10.1, legal, patent infringement, Samsung and us.

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