Apple asks the full Court of Appeals to reverse the decision not to ban the Samsung GALAXY Nexus
spur a review by the entire court, which is known as "en banc". Additionally, the earlier decision by the three judge panel was unanimous. Usually, it is a mixed decision that will be heard again by the entire court. When the three judge panel made its ruling, the panel said that Apple did not have enough evidence to prove that its patented search feature had enough of a connection to Apple iPhone sales to prove that Samsung caused enough harm to Apple to order an injunction.
Judge Lucy Koh, who presided over the earlier trial which resulted in a $1.05 billion jury award to Apple, will also be seated on the bench for the 2014 trial, which deals with different patents than the first trial did, and involves the Samsung GALAXY Nexus. This week, Samsung will deliver to the court its response on why the full court should not listen to arguments about banning the Samsung GALAXY Nexus. To get the full court to hear its claim en banc, Apple will need 5 out of the 9 judges to vote in its favor. Those votes might be hard to get considering the lack of third party briefs in Apple's favor. Data shows that it the Federcal Circuit is 8 times more likely to agree to a en banc petition if there is a third party brief filed
If Apple fails to get a ruling for the en banc hearing, it can ask the U.S. Supreme Court to hear the case which would be quite unlikely.
34. anywherehome (Posts: 971; Member since: 13 Dec 2011)
how much iRotten Apple has paid to judges????
18. AnTuTu (Posts: 1448; Member since: 14 Oct 2012)
Judge will be like "What the f**k is wrong with you little fruit?"
2. lolioslol (banned) (Posts: 182; Member since: 10 Dec 2012)
LMFAO. What a bunch of pathetic little crybabies! Waaaah we didn't get our way so we'll kick scream and cry and waste the courts time until we do!
Joke company. This is one of the big reasons they are losing market share and the stock is plummetting. Spend less time litigating, more time designing new products/features and not just resizing the ipod/pad.
3. timtimity (Posts: 196; Member since: 13 Aug 2012)
"If Apple fails to get a ruling for the en banc hearing, it can ask the U.S. Supreme Court to hear the case which would be quite unlikely."
Really? I wouldn't be surprised if they did.
15. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
And just why would the Supremes be interested in intervening in a pissing match over a sales ban?
22. Sailingmaster (Posts: 24; Member since: 26 Feb 2012)
Oh I could easily see Apple appealing to the U.S. Supreme Court. But, I don't see the Supreme Court actually hearing the case.
26. timtimity (Posts: 196; Member since: 13 Aug 2012)
Yeah, that's what I meant (I could have clarified it better). I can imagine Apple asking the Supreme Court. I can't see them doing anything about it though.
4. andro. (Posts: 1990; Member since: 16 Sep 2011)
Forget about childish court cases apple and concentrate on making this years iphone not just the expected iphone 5 's'
5. mick25 (banned) (Posts: 110; Member since: 12 Nov 2012)
So when is Google going to get the patent for drop down notification bar and gets every iPhones banned?
8. blingblingthing (Posts: 505; Member since: 23 Oct 2012)
I think that patent is still in review to be granted.
33. frydaexiii (Posts: 1413; Member since: 01 Dec 2011)
I think the only reason it's still in review after being filed for so long is because they know what will happen the moment the patent is granted, and will have no choice but to ban iPhones since Apple is so openly guilty of violating the patent and are not innovative enough to come up with a workaround.
35. anywherehome (Posts: 971; Member since: 13 Dec 2011)
it means they patent every iSh*t so the patent office must be bribed by Apple + Microsoft = pure Evil
how is it to live in such a rotten country which lied about weapons of mass destruction in Iraq so they caused (murdered) thousands because of intentional lie??
38. iCandy (Posts: 46; Member since: 07 Dec 2011)
I believe Samsung is bringing a case against Apple for that patent as a proxy since Google, not making money from Android, can't argue damages.
6. blingblingthing (Posts: 505; Member since: 23 Oct 2012)
This must be their "counter event" for all the sweet Android Magic coming to us @ CES 2013.
9. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)
LOL yup. On the horizon for Android = 13+mp cameras, quad core processors, flexible displays, NFC integration, etc. On the horizon for apple = MORE LAWSUITS! AND patents for things that don't even exist! Yeah, that's what your customers want. Asstards
17. PhoneArenaUser (Posts: 5498; Member since: 05 Aug 2011)
On the horizon for Apple:
5 + S = $
On the horizon for Apple consumers:
24. Droiddoes (unregistered)
Hey now, they might get color choices this time around! That's a HUGE leap for apple!
10. amiaq (Posts: 503; Member since: 30 Jun 2012)
Not a single thumb down vote can be seen till now. Great!! Everyone HATES Apple.
12. fanboy1974 (Posts: 1345; Member since: 12 Nov 2011)
I loved my Nexus when I had but I moved on to bigger things.
Sent from a Note 2.
13. drnggaj33 (Posts: 127; Member since: 29 Feb 2012)
this is why apple making the ip5s in diffrent colors and sizes because samsung knows ppl like diffrent thing also i want to see how apple does without samsung chips inside there stuff like the iphone and ipad
25. lyndon420 (Posts: 3046; Member since: 11 Jul 2012)
Would be cheaper for apple, and more entertaining for the iUsers if apple just included a box of crayons in the box.
19. dragonscourgex (Posts: 307; Member since: 16 Jan 2012)
I think if Apple would cut all this court stuff out, and get rid of all the legal bills, they could most likely reduce the cost of their products.
23. Droiddoes (unregistered)
They could but they won't. We're talking about the company that literally charges $100 for 16GB of memory.
21. cripton805 (Posts: 1173; Member since: 18 Mar 2012)
The case will get thrown out because the Galaxy Nexus probably won't be produced anymore by the time they are done with the case.
Judge Koh doesn't even seem to know much about technology anyway.
27. InspectorGadget80 (Posts: 7043; Member since: 26 Mar 2011)
What ever apple NOW u ask to stop the BAN when the GALAXY NEXUS isn't on sale now the LG NEXUS 4 is on sale. JUST ADMIT THAT YOU'RE afraid of COMPETITION and DON'T WANT to see your greedy STOCK plumit
28. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)
While you are correct, obviously their strategy of "f*ck making a quality, innovative product let's just ban and sue our way to the top" is not working for them. They are losing market share and their stock is plummeting daily, so I say let em continue. Yeah it's irritating as all hell, but they are only hurting themselves and more importantly, they are hurting their fans by giving them the same boring resized sh*t year after year.
The best thing apple can do for their competition is carry on as they have been the last year >:)
32. MorePhonesThanNeeded (Posts: 645; Member since: 23 Oct 2011)
It's a strategy thing, if they can get the Galaxy Nexus banned they can use that ruling to wreak havoc with other phones in the Android line, including other manufacturers. These are all strategic plan by Apple's lawyers, come on now they won a case with a bar napkin drawing, they will try anything to net some strategic advantage.
30. Zero0 (Posts: 592; Member since: 05 Jul 2012)
Great. Because a phone that's barely even available anymore is worth asking to be banned.
31. networkdood (Posts: 6330; Member since: 31 Mar 2010)
Hey APPLE, meanwhile, the rest of the world wants a Nexus 4 - how do you like them apples?
36. JunkCreek (Posts: 407; Member since: 13 Jul 2012)
In Court, if in one case, you won, then the case get elevated to be valid method to the future case. So i Think, Apple looking for this reason. Apple can ban one the dated device so Apple can banned future device, regardless the device manufacture/brand/name.