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

As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Benoit Geurts and Coreena Brinck will help the firm ‘accelerate its innovation agenda’, according to its managing partner
News of a trademark row over Taylor Swift’s ‘The Life of a Showgirl’ and Nokia’s expansion of its IoT licensing programme were also among the top talking points
IP attorneys share how the Cox v Sony ruling impacts their counselling strategies, and if the case could influence how courts may assess liability for AI platforms
Gift this article