Editor in Chief
Court Rejects Apple's Request for a Sales Ban on the Samsung Galaxy Nexus... Again
I suppose you can't fault them for trying (actually, yes you can), but Apple's second request to have the Samsung Galaxy Nexus banned in the US was denied by the courts again. Originally, Apple requested a ban on the Samsung Galaxy Nexus, and it was granted briefly last year. Samsung appealed and was able to get the ban lifted relatively quickly. Apple then appealed this decision and tried to get the device banned again. Today's ruling effectively shuts that down. Here's a quote with some additional detail,
Things are continuing to look very bright for Samsung and very bleak for Apple. It's both funny and sad to see Apple still trying so hard to ban a phone that will basically become a non-issue this year.
In its October ruling against Apple, the appeals court raised the bar for potentially market-crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.
U.S. District Judge Lucy Koh, in San Jose, California, who has presided over much of the Apple/Samsung litigation in the United States, cited the appeals' court decision in a December order rejecting Apple's request for permanent sales bans on several Samsung phones. Apple has appealed Koh's ruling.
Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple's request without detailed explanation or any published dissents.
Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.
02-01-2013 12:05 PM