Apple denied appeal to impose US sales ban on Galaxy Nexus
31st Jan 2013 | 20:23
Shall we see it at the Supreme Court?
Score another one for Samsung.
Apple reeeaalllyyy wanted the Galaxy Nexus banned in the U.S., but its attempt to resuscitate its bid to impose a stateside sales ban on the phone fell on deaf judicial ears Thursday.
Samsung has ratcheted up a number of recent victories against its bitter courtroom rival Apple, including a decision Tuesday by U.S. District Court Judge Lucy Koh that cleared it of the charge it willfully infringed on Apple patents in several products.
It still, as of now, has to pay $1.049 billion (UK£661 million, AU$1.002 billion) in damages, but every victory counts.
In today's decision...
Reuters reported that the full U.S. Federal Circuit Court of Appeals in Washington, D.C. struck down Apple's attempt to once again try to ban the Nexus.
A three-judge panel of the court had already rejected the bid in October, and Thursday's decision reinforces the first court's decision.
Apple had sought to have a ban placed on the smartphone until a trial kicks off in March 2014.
According to the publication, Samsung gains a heft of leverage thanks to the decision because it sets a legal precedent in allowing Samsung to keep its products in stores while it and Apple tussle over patents and damages.
Koh, who is also due to oversee another trial centering around the Nexus, cited the three-panel court's decision in a December ruling that denied an Apple request for a permanent sales ban on a handful of Samsung smartphones. Apple is appealing that ruling.
Apple does have one more avenue for a Nexus ban: it could take its case to the U.S. Supreme Court, though the court isn't known for its friendliness when it comes to helping patent plaintiff secure sales injunctions.