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

Secure remote control for conventional and virtual desktops

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. ®

Build a business case: developing custom apps

More from The Register

next story
Munich considers dumping Linux for ... GULP ... Windows!
Give a penguinista a hug, the Outlook's not good for open source's poster child
Yes, but what are your plans if a DRAGON attacks?
Local UK gov outs most ridiculous FoI requests...
Detroit losing MILLIONS because it buys CHEAP BATTERIES – report
Man at hardware store was right: name brands DO last longer
Govt control? Hah! It's IMPOSSIBLE to have a successful command economy
Even Moore's Law can't help the architects of statism now
Snowden on NSA's MonsterMind TERROR: It may trigger cyberwar
Plus: Syria's internet going down? That was a US cock-up
This'll end well: US govt says car-to-car jibber-jabber will SAVE lives
Department of Transportation starts cogs turning for another wireless comms standard
UK fuzz want PINCODES on ALL mobile phones
Met Police calls for mandatory passwords on all new mobes
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
New voting rules leave innocent Brits at risk of SPAM TSUNAMI
Read the paperwork very carefully - or fall victim to marketing shysters
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.