Apple Unable to Continue Ban on Samsung Galaxy Nexus
Apple may have emerged victorious over Samsung when it comes to sales in the fourth quarter of 2012, but Samsung’s lawyers are no doubt celebrating as it has emerged that the US Court of Appeals for the Federal Circuit has denied Apple’s request to enforce a ban on sales of Samsung’s famed Galaxy Nexus device.
The ban was originally approved and then the decision was reversed. Apple made a request to the court for reconsideration, and that request was denied.
Yesterday, a panel of three judges refused to reinstate the ban, delaying a decision on such a ban until March 2014, when the trial on the matter is due to begin.
This dispute has its roots in Patent ’604. Apple claims that Samsung has infringed upon the patent with the so-called “unified search” feature that is part of the Galaxy Nexus phone.
Although a jury agreed that there was in fact infringement, a move to ban sales of the Galaxy device seems highly improbable.
An obstacle in Apple’s quest for justice is that it was unable to prove to the court’s satisfaction that consumers were led to purchase the Nexus device because of the unified search feature, a burden that is most impossible to meet.
Apple’s options at this point are pretty much limited; an appeal can be filed with the Supreme Court, but getting the court to hear such a matter seems less than likely.
This latest saga shows how a company can be found to be the victim of patent infringement, how the same company can win a $1.05 billion verdict, but can still lose out, forced to idly stand by as the infringing product makes money on the back of a properly-granted patent.
Stay classy, Samsung.
[via: The Verge]
Image Credit: Cult of Mac