Apple resubmits bid to ban Samsung smartphones sales in Appeals court

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Today, Apple Inc filed a one-paragraph notice in the court of US District Judge Lucy Koh in San Jose, California that it will be appealing its bid to ban the sales of over 20 Samsung smartphones with a request for a review by the US Court of Appeals for the Federal Circuit in Washington. Bloomberg said Koh rejected the tech company's injunction request to ban the sale of Samsung's smartphones that are no longer on the market for the second time on March 6.

In 2012, a jury deemed that Samsung infringed the patents of the iPhone maker, following Koh's approval to have Samsung pay $929.7 million in penalties resulting from two separate jury verdicts on infringement damages. Bloomberg noted that both companies have filed appeals regarding the damages award.

Apple's issue with the Samsung smartphones were spurred by several patents of the iPhone maker's that the South Korean company allegedly infringed, said the news agency. Koh's explanation in rejecting Apple's bid was that she found there is no proof that the patent infringement by Samsung has caused irreparable harm on Apple. Later on, the Federal Circuit issued an order for Koh to reconsider as the higher court claimed Koh had set a higher standard for Apple to fulfill a requirement to prove that the features of its iPhones were the primary reasons that consumers had purchased its phones.

Last week, Koh reportedly declared that future hearings following the appeals court ruling has not forced Apple to gather sufficient evidence that would garner the company a sales injunction.

Bloomberg observed that Samsung and Apple has extended the battle for domination in the smartphone market in courts. Both companies had sought legal actions against each other, claiming that the other infringed patented features of their products since Apple first slapped the latter an infringement case in 2011.

Tags
Apple Inc, Samsung Electronics Co, Apple patent infringement case
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Alan Harrison

Alan Harrison: From Naval Officer to Legal Innovator at Sandollar Business & Intellectual Property Law

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