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

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

Mathew Lucas has joined Pearce IP after spending more than 25 years at IPH-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
Gift this article