Last week, we saw a US judge deny Apple’s request to have four Samsung devices banned in US. According to the judge, there was no evidence that such an injunction would save Apple from any major damage. Apple lawyers had said that they would appeal against this ruling. And now they have.
Apple has not taken the case to the Court of Appeals, for the Federal Circuit. The basis of Apple’s case are that four of the devices by Samsung are infringing upon patent violations by reusing some features of Apple’s products. And that this is harming Apple.
Can the appeal possible favour Apple?
There have been very rare cases in the past when an appeals court in US would overturn an injunction denial. But some have opined that even if the appeals court doesn’t fully overturn the verdict in Apple’s favour, its very likely that it will at least find some flaws in the argument of Judge Koh, the one who earlier didn’t rule against Samsung much to Apple’s chagrin. If so happens, the appeals court may return the case, with the flaws pointed out, for reconsideration by Judge Koh.
It must be noted here that Apple is working on two types of injunctions to be slammed against Samsung’s devices – one is a preliminary injunction which will of course bar the electronics giant from immediately selling it’s products. And the second being a permanent injunction which will permanently ban the devices in question. Apple is locked over this battle with Samsung nearly all around the world. Samsung Galaxy Tab 10.1 is already banned in Germany while Apple has filed for the banning of Tab 10.1 N too in a German court.
Image courtesy gmahender.