{"id":29827,"date":"2013-01-15T09:10:06","date_gmt":"2013-01-15T07:10:06","guid":{"rendered":"http:\/\/businesstech.co.za\/news\/?p=29827"},"modified":"2013-01-15T11:36:48","modified_gmt":"2013-01-15T09:36:48","slug":"samsung-wants-to-keep-sales-ban-lifted","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/hardware\/29827\/samsung-wants-to-keep-sales-ban-lifted\/","title":{"rendered":"Samsung wants to keep sales ban lifted"},"content":{"rendered":"

Samsung Electronics Co Ltd<\/a> has urged a U.S. appeals court to stand by its denial of Apple Inc<\/a>‘s request to ban sales of the Galaxy Nexus smartphone while Apple challenges its patent, according to a document filed late last week.<\/p>\n

In October, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit blocked Apple’s bid for a pretrial sales ban. Apple has asked all nine active Federal Circuit judges to reconsider that decision, a process known as “en banc” review.<\/p>\n

The October ruling by the Washington D.C.-based appeals court raised the bar for potentially market crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.<\/p>\n

Several legal experts believe Apple faces long odds in trying to persuade the appeals court to revisit its decision.<\/p>\n

Samsung’s hot-selling Galaxy smartphones and tablets phones run on Google Inc<\/a>‘s Android<\/a> operating system, so Apple’s litigation against Samsung has been viewed as a proxy for Apple’s fight with Google. The appeals court decision involves patented search technology which Apple argues is critical to the iPhone’s commercial success.<\/p>\n

In its court filing last Friday, Samsung argued that en banc review was unnecessary because Apple did not have enough evidence to show a “causal nexus” between its patented search capability and iPhone sales to justify a ban on sales of the Galaxy Nexus.<\/p>\n

The Federal Circuit’s panel ruling against Apple used “well established” reasoning that does not conflict with U.S. Supreme Court precedent, Samsung argued.<\/p>\n

Representatives for Apple and Samsung did not immediately respond to a request for comment on Monday.<\/p>\n

The two companies are scheduled to go to trial in federal court in San Jose, California in March 2014.<\/p>\n

In a related patent lawsuit last year, Apple scored a huge legal victory over Samsung when a U.S. jury found Samsung had copied critical features of Apple’s iPhone and iPad and awarded Apple $1.05 billion in damages.<\/p>\n

But U.S. District Judge Lucy Koh in San Jose, California — who has presided over much of the Apple\/Samsung litigation in the United States — in December rejected Apple’s request for permanent sales bans on several other Samsung phones.<\/p>\n

Koh cited the Federal Circuit panel’s October opinion as a key precedent in her ruling, which Apple said it would also appeal.<\/p>\n

More Samsung news<\/h3>\n

Samsung dominates in global mobile phone sales<\/strong><\/a><\/p>\n

Samsung SA shows off holiday wares<\/strong><\/a><\/p>\n

Samsung Galaxy smartphones propel quarterly profit<\/strong><\/a><\/p>\n

Samsung pins $7.4 billion profit<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Samsung Electronics Co Ltd has urged a U.S. appeals court to stand by its denial of Apple Inc’s request to ban sales of the Galaxy Nexus smartphone while Apple challenges its patent, according to a document filed late last week.<\/p>\n","protected":false},"author":7,"featured_media":19095,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[25,51,4263,52],"class_list":["post-29827","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-hardware","tag-active","tag-apple","tag-sales-ban","tag-samsung"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/29827","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=29827"}],"version-history":[{"count":5,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/29827\/revisions"}],"predecessor-version":[{"id":29865,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/29827\/revisions\/29865"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/19095"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=29827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=29827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=29827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}