US appeals court resurrects Apple’s bid for Samsung ban

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

US appeals court resurrects Apple’s bid for Samsung ban

The Federal Circuit has revived Apple’s plea to ban US sales of Samsung tablets and smartphones found by a jury last year to be infringing Apple’s patents

Yesterday, the appeals court ordered a California judge to reconsider a December 2012 decision to refuse to ban some Samsung products that had been found to infringe on three Apple design and utility patents covering mobile devices.

Ruling on Apple v Samsung Electronics, the Federal Circuit said that the lower court should not have required Apple to prove that the infringing features were the only reason customers bought Samsung’s products.

The Federal Circuit did not rule on Apple’s request for a permanent injunction in relation to the utility patents for a “bounce back” feature. It also upheld the district court’s decision to refuse an injunction in relation to Apple’s design patents.

Apple was awarded more than $1 billion last year after a jury found that Samsung infringed the patents. But the award was reduced in March, when District Judge Lucy Koh found that the jury had erred in its calculations relating to around $450 million.

Koh awarded a retrial for that portion of the damages, for which closing arguments are expected to take place in San Jose today. The jury will rule on Apple’s claim for hundreds of millions of dollars more from Samsung over 13 Samsung products.

The case is the latest installment in a long-running battle between the two technology companies. In June, the ITC banned the import and sale of Apple products that it found infringed Samsung’s patent rights. But the decision, which related to AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G, was vetoed a few days later by the Obama administration on the basis that it was not in the public interest.

Apple and Samsung will take part in another trial over newer Samsung products in April 2014.

more from across site and SHARED ros bottom lb

More from across our site

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article