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

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article