Apple filed papers with the Federal Circuit Tuesday to head off Samsung's request for the appeals court tell District Court Judge Lucy Koh to lift the injunction on its Galaxy Tab 10.1.

Samsung's trying to get the remand ahead of Judge Koh overruling the jury and finding that Samsung infringes Apple's D'889 tablet design patent on which the injunction is based.

Samsung originally said enjoining the tablet wouldn't have a significant impact on its business because it was near the end of its life then wanted its statements redacted but Judge Koh left them in the record. Apple's counting on those statements coming home to roost.

FOSS Patents says, "It doesn't really matter too much whether this relatively old product can still be sold in the months ahead. It's all about who will be in a stronger position with a view to the next steps."