Galaxy 10.1 available for holiday buying

Holiday shoppers can add the Samsung Galaxy 10.1 Holiday shoppers can add the Samsung Galaxy 10.1 to the list. A ban on sales in the United States stemming from a patent dispute between Samsung and Apple has been lifted against the slightly older model in time for the 2012 holidays. Photo Credit: AP, 2011

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A U.S. court removed a temporary sales ban against the Samsung Galaxy Tab 10.1 won by Apple Inc in a patent dispute, allowing the South Korean company to sell the product in the United States.

While the Galaxy 10.1 is an older model, the lifting of the ban could still help Samsung in the run-up to the pivotal holiday shopping season.

Samsung said in a statement it was pleased with the court's action, "which vindicates our position that there was no infringement of Apple's design patent and that an injunction was not called for."

Separately, Samsung filed a motion against Apple saying the iPhone 5 had infringed on some of the company's patents.

The world's top two smartphone makers are locked in patent disputes in 10 countries as they vie to dominate the lucrative market.

The legal fight began last year when Apple sued Samsung in multiple countries, and Samsung countersued.

The injunction on the Galaxy tablet had been put in place ahead of a monthlong trial that pitted the iPhone maker against Samsung in a closely watched legal battle that ended in August with a victory for Apple on many of its patent violation claims.

However, the jury found that Samsung had not violated the patent that was the basis for the tablet injunction and Samsung argued the sales ban should be lifted.

The sole basis for the preliminary injunction no longer exists since the jury found that Samsung's Galaxy Tab had not violated Apple's patent.

"The court does not agree with Apple that Samsung's motion for dissolution of the June 26 preliminary injunction cannot be fairly decided without resolving Apple's post-trial motions," Judge Lucy Koh said in her ruling.

Apple could not immediately be reached for comment outside regular U.S. business hours.

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