US appeals court revives Apple bid for Samsung injunction

A US appeals court on Monday breathed new life into Apple's long-running attempt to secure an injunction banning the sale of some devices made by Samsung Electronics Co Ltd, ordering a California judge to reconsider imposing a permanent sales ban on some Samsung products.
Apple, which makes iPhones and iPads, has been incensed by what it considers knockoffs of its devices by Android, many of which are made by Samsung. The two companies have been in a long-running and global battle over patent infringement. The US Court of Appeals for the Federal Circuit said on Monday that the lower court abused its discretion in denying Apple's request for an injunction of Samsung devices for infringing utility patents and asked it to reconsider.
The US District Court for the Northern District of California had refused the injunction in December 2012. Apple Inc had requested it because of a ruling that Samsung products infringed on three design and three utility patents related to mobile devices. The appeals court upheld the lower court's refusal to order an injunction on the design patents. Last year, Apple was awarded over $1 billion after it convinced a jury that Samsung copied various iPhone features.
In March US District Judge Lucy Koh in San Jose ruled that the jury had made errors in some calculations, impacting about $400 million of the verdict. Koh ordered a retrial of that portion of the original award, which is now wrapping up in San Jose. Closing arguments are scheduled for Tuesday. Koh also rejected Apple's request for a permanent ban on the sale of several Samsung products in the lucrative US market. Court-ordered injunctions are much more threatening to companies than monetary verdicts, and tend to increase the likelihood of a settlement. But in this case, it could be months before Apple ultimately secures an injunction against Samsung, which undercuts Apple's leverage, said Brian Love, a professor at Santa Clara Law in Silicon Valley.
Still, the ruling bodes well for Apple's future court battles, Love said. The iPhone maker is scheduled for another trial against Samsung in April 2014, which involves newer Samsung products. The Federal Circuit's ruling on Monday will give Apple firmer precedent to get an injunction in that case, he said. "Certainly this is not an across-board win for Apple," Love said, "but I think Apple is happy with this outcome."