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 2025

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

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

A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Clarivate’s Ed White discusses the joy of measuring innovation and why patent attorneys are a special breed
National groups for the UK and the Netherlands have flagged concerns with the choice of venue, following a formal complaint from Australia’s national group
Rasenberger is the CEO at the Authors Guild in the US
Vold-Burgess is the client director at Acapo Onsagers and the former CEO at Acapo in Norway
Gift this article