WASHINGTON (Reuters) – Tech giant Apple Inc, battling Samsung Electronics Co over patents in several countries, argued on Thursday that a U.S. appeals court should reconsider its decision to overturn a pretrial sales ban on Samsung for infringement.
The U.S. Court of Appeals for the Federal Circuit in October overturned a pretrial sales ban ordered by a lower court in California. The order was to stop sales of Samsung’s Galaxy Nexus smartphone.
Apple argued that this was inappropriate and asked for an “en banc review,” which means that a larger panel of judges would reconsider the decision made by the three-judge panel in October.
The fight is over a single patent – one that allows the smartphone to search multiple data storage locations at once. For example, the smartphone could search the device’s memory as well as the Internet with a single query.
Apple argued that the sales ban should be reinstated because it uses the patent in question and competes with Samsung. The three-judge panel had said that consumers did not buy Samsung phones primarily because of the patent, and thus, a sales ban was inappropriate.
It has become increasingly difficult for companies to win sales bans related to patent infringement in recent years. Such sales injunctions have been a key for companies trying to increase their leverage in courtroom patent fights.
Apple, in a different patent lawsuit, scored a sweeping legal victory over Samsung in August when a U.S. jury found Samsung had copied critical features of the hugely popular iPhone and iPad and awarded Apple $1.05 billion in damages.
The Nexus phone was not included in that trial, but is part of a tandem case Apple filed against Samsung earlier this year.
The case in the Federal Circuit is Apple Inc vs. Samsung Electronics Co Ltd et al., 12-1507.
Earlier this week, U.S. District Judge Lucy Koh rejected Apple’s request for a permanent sales ban against 26 mostly older Samsung phones, though any injunction could potentially have been extended to Samsung’s newer Galaxy products. Koh cited the Federal Circuit’s Nexus ruling as binding legal precedent in her order.
In a separate court filing on Thursday, Apple said it intended to appeal Koh’s ruling.
(Reporting by Diane Bartz; Editing by Leslie Gevirtz)
Earlier on HuffPost:
The HP TouchPad’s “a href=”http://www.youtube.com/watch?v=OqSm-pusG-g” target=”_hplink”touch to share/a” feature has nothing on this futuristic Apple patent, which illustrates Apple devices emmulating natural, real-world gestures. In the illustrated example above, an iPhone is tilted over an iPad in order to share files, the way you would do if you were “pouring” the data from one device into the other.
strongFiled: a href=”http://www.freepatentsonline.com/y2011/0163944.html” target=”_hplink”2010/a/strong
Source: a href=”http://www.patentlyapple.com/patently-apple/2011/07/apple-wants-to-beat-hps-webos-sharing-feature-with-something-cooler.html” target=”_hplink”Patently Apple/a
Back in 2006, Apple filed a patent for a laser-based binocular display unit, which could attach to glasses, helmets, or goggles. In theory, users could plug the device into their iPod and watch videos via the head-mounted apparatus instead of on the tiny iPod display. This wearable system would also let the user remain mobile while enjoying media entertainment.
strongFiled: a href=”http://www.freepatentsonline.com/y2008/0088937.html” target=”_hplink”2006/a/strong
Source: a href=”http://www.patentlyapple.com/patently-apple/2008/04/apple-preparing-a-cool-ipod-visual-head-display-system.html” target=”_hplink”Patently Apple/a
This filing makes us wonder what it would be like to have an iPhone with separate displays on its front and back. If each display operated independently, then users could control navigation (or a table of contents) on one side while reading or watching video on the other.
strongFiled: a href=”http://www.freepatentsonline.com/y2011/0175805.html” target=”_hplink”2010/a/strong
Source: a href=”http://www.patentlyapple.com/patently-apple/2011/08/apple-thinks-that-youll-flip-over-a-future-generation-iphone.html” target=”_hplink”Patently Apple/a
Many technology companies are betting that 3D is the next big thing, and fortunately for Apple, it already has a few patents to its name. One such example is a desktop display system that projects a 3D hologram, rather than projecting a 2D image onto a flat screen.
strongFiled: a href=”http://www.freepatentsonline.com/7843449.html” target=”_hplink”2006/a
Source: a href=”http://www.patentlyapple.com/patently-apple/2008/03/apple-working-on-3d-holographic-projection-displays.html” target=”_hplink”Patently Apple/a
Using a reflector that captures light externally, future MacBook owners could enjoy using their laptops outside while harnessing the sun’s natural energy to power the device. Apple’s patent states that a “translucent surface may also serve to protect the rear face of the display screen from damage”.
strongFiled: a href=”http://www.freepatentsonline.com/y2010/0073791.html” target=”_hplink”2008/a/strong
emSource: a href=”http://www.patentlyapple.com/patently-apple/2010/03/solar-powered-macbooks-may-be-in-our-future.html” target=”_hplink”Patently Apple/a/em
In one iteration of the system, users wrap earphone cables around a charging tower and place a conductive metal mesh on their device in order to power-up.
strongFiled: a href=”http://www.freepatentsonline.com/y2011/0188677.html” target=”_hplink”2010/a/strong
Source: a href=”http://www.patentlyapple.com/patently-apple/2011/08/apples-inductive-charging-patent-finally-surfaces.html” target=”_hplink”Patently Apple/a
Picture this: an iPod Classic whose touch wheel can morph into a television remote keypad. Currently, input devices use a specific set of operations (such as buttons, keys, touch screens) to command a computer; but, a shape shifting configuration that can physically change interface topography could be a complete game-changer in consumer electronics.
strongFiled: a href=”http://www.freepatentsonline.com/y2010/0162109.html” target=”_hplink”2009/a/strong
Source: a href=”http://www.patentlyapple.com/patently-apple/2010/06/apple-introduces-the-incredible-shape-shifting-device-interface.html” target=”_hplink”Patently Apple/a
This patent would let Apple use liquidmetal, or “a href=”http://www.freepatentsonline.com/7862957.html” target=”_hplink”amorphous alloy/a” collector plates for internal component fuel cells. a href=”http://www.cultofmac.com/apple-is-granted-its-first-liquidmetal-patent-exclusive/75486″ target=”_hplink”According to Cult of Mac/a, this technology “could power mobile phones for more than 30 days without recharging and notebooks for 20 hours or more.”
strongFiled: a href=”http://www.freepatentsonline.com/7862957.html” target=”_hplink”2004/a/strong
Source: a href=”http://www.cultofmac.com/apple-is-granted-its-first-liquidmetal-patent-exclusive/75486″ target=”_hplink”Cult of Mac/a
3D gesturing allows users to rotate objects on the touch screen, gain different perspectives, control color and texture, and more. This technology could be a breakthrough in computer-aided design applications and games.
strongFiled: a href=”http://www.freepatentsonline.com/y2011/0164029.html” target=”_hplink”2010/a/strong
Source: a href=”http://www.patentlyapple.com/patently-apple/2011/07/apples-wild-new-3d-gesturing-is-aimed-at-cad-avatar-creation-more.html” target=”_hplink”Patently Apple/a