Apple loses first bid for US injunction against Samsung

The legal shenanigans between Apple and Samsung continue, as the critical holiday sales season gets underway. In Australia, where Apple has seen its injunction against its rival's Galaxy Tab 10.1 tablet overturned, it may still succeed in extending the ban on the product until after Christmas - in which case, Samsung has said, the gadget would be "dead in the water" in the country. Of course, a US ban would be the big legal prize for either side, but Apple has lost one bid there, according to a ruling filed in a federal court in San Jose, California. The two companies have multiple US lawsuits pending against one another in federal courts and in the International Trade Commission (ITC). According to a ruling which was posted on a court docket in San Jose - but then removed and filed under seal - the iPhone maker has failed in a bid to get Galaxy smartphones and tablets banned. Samsung said in a statement that the ruling confirmed its view that Apple's arguments lacked merit. "In particular, the court has recognized that Samsung has raised substantial questions about the validity of certain of Apple's design patents," it said, according to Bloomberg. "We are confident that we can demonstrate the distinctiveness of Samsung's mobile devices when the case goes to trial next year." This will be a blow to Apple's strategy of seeking temporary injunctions against Samsung products, to take them off the shelves in the waiting period before the patent infringement cases can be decided in court. Critics of this approach point out that it could encourage frivolous lawsuits which remove a competitor from the market at a critical sales period such as Christmas - which might be worth the risk of future damages for loss of business. An Australian judge, reversing such a temporary injunction in that country, was scathing of Apple's arguments. Justice John Dowsett said: "I find it hard to believe Apple couldn't keep accounts" to determine the effect of the sale of the Galaxy 10.1 and claim damages if it were successful in its patent accusations." He added: "We're talking about a period of three months and all of Apple will come tumbling down? That's very speculative."