Apple Gets Into Fight Mode Again

If you thought the news of patent infringement-related battles between Apple (NASDAQ:AAPL) and main rival Samsung (SSNLF.PK) was dying down, the iPhone maker has decided to refresh its line of attack. It has asked the U.S. Court of Appeals for the Federal Circuit to take another look at its judges’ ruling that ultimately led to a lower court allowing Samsung to continue selling devices that were found to infringe on Apple’s patents by a jury. The jury in San Jose, California, ruled in August that Samsung was violating several of the iPhone maker’s patents, and also slapped a $1.05 billion fine on the Korean company.

Samsung is currently in the process of appealing that result. Meanwhile, a three-judge Federal Circuit panel ruled in a different case in October that Samsung could continue selling its smartphones while fighting patent claims. But Apple feels that this ruling has prohibited the San Jose judge from forcing Samsung to change its products or remove certain models from the market while the Korean company’s appeal is heard.

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“Although the jury awarded Apple a significant damages verdict, the district court correctly found that Samsung’s deliberate and wide-ranging infringement had harmed Apple’s standing in the marketplace in ways that money cannot repair,” Apple said, according to Bloomberg. “The denial of a permanent injunction allows Samsung to continue its attempts to attract Apple’s customers through deliberate copying, with a damages award being merely a cost of doing business.”

By refusing to halt sales of Samsung products that were at the center of the $1 billion verdict, San Jose-based U.S. District Judge Lucy Koh “made it essentially impossible for a patentee to halt a direct competitor’s deliberate and successful copying of the patentee’s innovative designs and features for use in competing products,” Apple added.

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“Although individual features in complex products may be generally important, they will almost never drive consumer demand by themselves, at least not provably,” the iPhone maker said. “Consumers buy complex technological products for a whole host of reasons, often with no one reason determining the customer’s decision.”

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