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Apple-Samsung patent case: US appeals court lifts ban

India Infoline News Service/ 18:15 , Oct 12, 2012

On June 29, Judge Koh issued an injunction in California for the Galaxy Nexus phone and ordered the temporary ban.

A US appeals court on Thursday lifted a sales ban on Samsung-Google smartphones in a patent fight with Apple, saying there was no evidence sales were driven by features copied from the iPhone, reports said.

On June 29, Judge Koh issued an injunction in California for the Galaxy Nexus phone and ordered the temporary ban, saying that Apple “has shown a likelihood of establishing both infringement and validity” of its patents related to the iPhone’s Siri virtual assistant software.

However, the appeals court in Washington overturned the injunction saying the lower court “abused its discretion.”

The appeals court said Apple must show not only that it would suffer “irreparable harm” but “establish that the harm is sufficiently related to the infringement.”

In July, it issued a “stay” on the injunction, which allowed sales to continue while arguments were heard.

The appellate panel noted that even though Apple had claimed Samsung infringed on patents from Siri voice assistant, the Nexus phones lacked a similar feature.

The opinion said Judge Koh “erred” in interpreting the law and that Apple failed to show “that consumers buy the Galaxy Nexus because it is equipped with the apparatus claimed in the ‘604 patent — not because it can search in general, and not even because it has unified search.”

 



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