Prior to the trial it appeared that Samsung would be found guilty of infringing on the iPad's design.
"Samsung appears to have created a [tablet] design that is likely to deceive an ordinary observer," Koh wrote in her order, "inducing him to purchase one supposing it to be the other."
However, due to some confusion about what it means for a patent to be unregistered (see Did the jury blow the Galaxy Tab verdict?), the Galaxy Tab was found not to infringe.
The jury verdict appeared to go against the evidence in this case and yesterday Koh decide to deny Samsung's motion "without prejudice" and sent the matter to the appeals court along with a note that the motion raises "a substantial issue" that needs to be addressed.