Apple Still Can’t Get A Samsung Ban
Apple’s (NASDAQ:AAPL) appeal to revive its attempt to ban U.S. sales of Samsung’s (SSNLF.PK) Galaxy Nexus smartphone has been denied. The appeal was related to a case that’s pending and goes to court in March 2014. However, Apple had asked the Federal Circuit Court of Appeals in Washington D.C. to take a second look at an earlier ruling that rejected its request for a sales ban.
Apple’s allegation against the Galaxy Nexus relates to its search function, which the former claims violates a patent for collecting information from various databases.
Apple wanted the full court, made of nine judges, to reverse the earlier findings made by a three-judge panel of the same court. In October, the panel had raised the bar for getting sales injunctions based on narrow patents.
A different court had also used the panel’s ruling to deny a separate injunction appeal from Apple. That came in the post-trail proceedings of Apple’s famous California win that resulted in Samsung being asked to pay $1.05 billion in damages.
Apple has argued that the new standard makes 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.”
The two companies together account for about half of the world’s smartphone sales and have sued each other in dozens of patent cases worldwide in an attempt to gain supremacy over the other.
Apple could still appeal to the U.S. Supreme Court.
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