Apple appeals denial of sales ban on Samsung phones

After winning a patent battle in August, Apple wants 26 Samsung phones off retailer shelves

Apple has appealed a judge's decision not to ban from sale in the U.S. 26 Samsung cell phones that were found to infringe on its patents.

A jury trial in August found that the Samsung phones had infringed on six Apple patents covering cell phone design and technology. The jury awarded Apple just over US$1 billion in damages, and Apple subsequently demanded that Samsung should be prohibited from selling the phones.

Many of the handsets have already been superseded by newer models but thousands of units of some models, including the Galaxy S II, are still with U.S. retailers.

After considering Apple's demands and arguments for an injunction, Judge Lucy Koh of the U.S. District Court for the Northern District of California decided the damage caused didn't warrant a sales ban.

"To the limited extent that Apple has been able to show that any of its harms were caused by Samsung's illegal conduct (in this case, only trade dress dilution), Apple has not established that the equities support an injunction," she wrote in the conclusion of her 23-page examination of Apple's demand.

That was on Monday.

Apple lodged its appeal on Thursday afternoon in a filing to Judge Koh's court in San Jose, where the battle against Samsung has been going on for more than a year.

"Notice is given that plaintiff Apple Inc. appeals to the United States Court of Appeals for the Federal Circuit from the Order Denying Motion for Permanent Injunction entered in this action on December 17, 2012 and from all other orders, rulings, findings, and conclusions underlying and related to that order," it said in the filing.

Martyn Williams covers mobile telecoms, Silicon Valley and general technology breaking news for The IDG News Service. Follow Martyn on Twitter at @martyn_williams. Martyn's e-mail address is martyn_williams@idg.com

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Martyn Williams

IDG News Service
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