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January 21, 2013

Apple urges appeals court to review two Samsung rulings

In August 2012, Apple won $1.051bn in a patent lawsuit against Samsung

By CBR Staff Writer

Apple has asked the full complement of judges of US Court of Appeals for the Federal Circuit to review two rulings which went in favour of its rival Samsung Electronics, in their long running patent war.

The company has also also filed two appeals seeking ban of sales of Samsung products which allegedly infringe Apple’s patents.

Bloomberg quoted Apple’s court filing as "The two cases would present an ideal vehicle for eliminating the uncertainty regarding when a patentee can prevent a competitor from trespassing on its patented innovations."

In October last year, the US Court of Appeals has overturned a ban on sales of Samsung’s Galaxy Nexus smartphone and earlier this month, Apple asked the US Court of Appeals to once again review the decision.

Last year, Apple won $1.051bn in a patent lawsuit, which is claimed to be one of the biggest patent cases, against Samsung.

According to Bloomberg, Apple complained that by refusing to ban Samsung products that were present in the the $1.05bn verdict, US District Judge Lucy Koh "made it essentially impossible for a patentee to halt a direct competitor’s deliberate and successful copying of the patentee’s innovative designs and features for use in competing products."

"Although individual features in complex products may be generally important, they will almost never drive consumer demand by themselves, at least not provably," Apple said.

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"Consumers buy complex technological products for a whole host of reasons, often with no one reason determining the customer’s decision."

Last week, Apple and Samsung have been allowed to add new devices to the patent infringement lawsuit, which is scheduled to go to trial on 31 March 2014.

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