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Apple's fast track Samsung sales ban plea rejected – ZDNet





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Apple’s pleas to a U.S. appeals court have fallen on deaf ears as the tech giant’s wish to place a sales ban quickly on Samsung products is rejected.

As Reuters reports, the iPad and iPhone maker has lost its bid to fast-track the appeals process. Long-suffering U.S. District Judge Lucy Koh in San Jose, California, told the tech giant that under no uncertain terms would it be able to bypass normal proceedings, and would have to wait for a full court review and go before a three-judge panel before any sales bans could be considered.

While Apple’s appeal, following the high-profile patent battle which won the firm $1.05 billion in damages, will have to wait before arguing its case to the full appeals court, contested Samsung products — which are mainly older models — will stay on the shelves. It’s unlikely to be too much of a concern for Samsung’s balance books either way, but if the permanent sales ban is permitted, this could open a door for Apple to argue for the sales ban of newer smartphones and tablets. 

Brian Love, a professor at Santa Clara University School of Law, told the publication that Apple’s request for an immediate, full court investigation was never anything more than a long shot, commenting:

“In some sense, Apple was asking to ‘cut in line,’ and judges are generally reluctant to give certain cases special treatment.”

In late January this year, the same U.S. court rejected Apple’s request to extend the ban to more sought-after Samsung smartphones, including the Galaxy Nexus. In addition, a post-trial ruling rejected an increase in Apple’s damage claim after ruling Samsung did not “wilfully” infringe on the smartphone and tablet maker’s patents.


Apple’s fast track Samsung sales ban plea rejected – ZDNet
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