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Apple appeals denial of product ban in Samsung patent case

January 15, 2013|By Chris O'Brien
  • The Samsung Galaxy S II Android mobile phone was one of the devices Apple motioned to have Samsung blocked from selling. A judge last month denied the motion.
The Samsung Galaxy S II Android mobile phone was one of the devices Apple… (Kevork Djansezian/Getty…)

Apple has appealed a federal judge's denial of its request to ban 26 Samsung products that were part of a sweeping patent infringement case it won in August. 

In that case, a jury awarded Apple $1 billion after finding that Samsung had violated several mobile-related patents held by Apple. Following that verdict, Apple had asked the judge to increase the size of the awards, as well as permanently ban the 26 Samsung products in question. 

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But in December, Judge Lucy Koh denied Apple's motion to block the sale of the smartphones — including the Fascinate, Epic 4G and Galaxy S II.

Koh wrote in her decision that Apple had failed to make the case that the features covered by the patents played a decisive role in consumers' purchase decisions. In addition, she wrote that such a ban would unfairly deprive consumers of the right to buy the Samsung products. 

On Jan. 3, Apple's attorneys filed a notice with the U.S. District Court in San Jose that they had appealed Koh's ruling on the product ban with the Federal Circuit Court of Appeals in Washington, D.C.

Samsung is also expected to appeal the jury's verdict, but has not yet done so.

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Follow me on Twitter @obrien.

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