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Apple is denied a sales ban on Samsung smartphones

Judge decides against a retrial
Tue Dec 18 2012, 10:14
Apple iPhone fighting Samsung Galaxy SIII

A JUDGE in the US has denied Apple's request for sales bans on Samsung smartphones following the firm's $1bn victory at trial.

In August, a US District Court jury found that a number of Samsung's Android devices infringed patents related to Iphones and Ipads after Apple claimed that the Korean company "slavishly copied" them, a verdict that assessed $1bn in damages against Samsung.

On Monday Judge Lucy Koh ruled that Apple cannot ban Samsung smartphones and tablets as requested, saying that the patent infringements do not warrant banning the products.

This means that devices including the Samsung Galaxy Nexus, Samsung Galaxy Tab 10.1 and 24 others will remain on sale in the US, despite being found to infringe Apple patents.

"The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple's patents," Koh said.

"Though Apple does have some interest in retaining certain features as exclusive to Apple it does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions."

Samsung, understandably, is chuffed with the news. A spokesperson told The INQUIRER, "We are pleased that the judge today denied Apple's move to limit consumer choice, and restrict fair competition in the marketplace."

Apple has not yet responded to our request for comment. 

It's not all bad news for Apple, though. Koh also rejected Samsung's bid for a retrial, after the Korean phone maker claimed that the jury foreman was biased in favour of its rival.

Samsung almost certainly will appeal the jury verdict, damages amount and Judge Koh's denial of a retrial in the case. µ


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