Feeds

Apple loses bid to ban US sales of aging Samsung smartphone

Not the best week for Apple's legal team – but pity is not in order

Combat fraud and increase customer satisfaction

A US appeals court has denied Apple's request for a rehearing of an injunction, instituted last June but reversed last October, that would have stopped Samsung from selling its year-old Galaxy Nexus smartphone in the US.

The denial, reports Fox Business, was issued in a short statement by the US Court of Appeals for the Federal Circuit. The court, perhaps channeling former first lady Nancy Reagan, gave no reason for its decision – it Just Said No.

If you're been following the ongoing Apple-Samsung dust-up, you're to be forgiven if you feel as if this full-employment act for IP lawyers has been going on forever. Actually, it's only been 655 days since Apple filed its first legal salvo against the Korean consumer-electronics giant in the tussle quickly dubbed "The Battle of Rounded Corners" due to Cupertino's assertion that Samsung had "slavishly" copied the iPhone's look-and-feel.

The case has endured more twists and turns than Tyrone Slothrop chasing his harmonica through an excrement-encrusted sewer system in Thomas Pynchon's Gravity's Rainbow, with one particularly resounding gush being Apple's victory in the US District Court in San Francisco last August, when a jury ordered Samsung to pay the iPhone maker $1.05bn in damages.

Apple however, decided to press its luck in that case, and petitioned the court for treble damages for Samsung's "willful" violations of its intellectual property rights. Just this Wednesday, however, that request was denied by judge Lucy Koh, who had presided over the $1.05bn jury trial.

"Given that Apple has not clearly shown how it has in fact been under-compensated for the losses it has suffered due to Samsung's dilution of its trade dress," Koh said in Wednesday's ruling, "this court, in its discretion, does not find a damages enhancement to be appropriate."

And now Apple's legal team has lost another round – but don't expect them to give up too soon in the global battle between the two smartphone heavyweights.

After all, those billion-plus simoleons that Samsung still owes Apple can most certainly support a mighty flock of legal eagles. ®

SANS - Survey on application security programs

More from The Register

next story
EU: Let's cost financial traders $400m a day, because EVIL BANKERS. Right?
Wait 'til this one hits your pension fund where it hurts
Systems meltdown plunges US immigration courts into pen-and-paper stone age
Massive outage could last four weeks, sources claim
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
UK.gov chucks £28m at F1 tech for buses and diggers plan
Well, not really F1 but who's heard of LMP and VLN*?
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.