In last week's $1.049 billion decision, a jury found that the Samsung Galaxy Tab 10.1 infringed several pieces of Apple's intellectual property, but one it didn't tread upon was the iPad D'889 design patent. Potential infringement of that particular patent was the reason a preliminary injunction took the Tab 10.1 off the market back on June 26th, and now Samsung wants that injunction dissolved — and thinks Apple may even owe it damages as a result.
In a court filing this evening, Samsung pointed out that the D'889 patent was the piece of IP cited in the court's original injunction order. Since the jury decided the Tab 10.1 didn't infringe that patent, Samsung argues that the injunction was unfair. The company is also asking that the court hold on to the $2.6 million bond Apple paid to secure the injunction until a damages hearing can be held. Samsung can — and no doubt will — argue that it sustained losses since the injunction went into effect.
Of course, the irony here is that the jury did find that the Tab 10.1 infringed several of Apple's software patents — and it may very well be one of the devices discussed in next month's injunction hearing. Given the wording of the original injunction order, however, Samsung may have a point — and if nothing else, it's just a reminder that though the verdict has come and gone, both companies will be scratching and clawing for any advantage they can find in the weeks and months to come. Samsung is hoping to have the issue resolved as soon as this week, so it shouldn't be too long before we find out if the gambit pays off.