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.
20. Droid_X_Doug posted on 07 Jan 2013, 17:46 5 0
29. TROLL posted on 07 Jan 2013, 19:25 3 2
34. anywherehome posted on 08 Jan 2013, 01:04 2 0
how much iRotten Apple has paid to judges????
18. AnTuTu posted on 07 Jan 2013, 17:35 6 0
Judge will be like "What the f**k is wrong with you little fruit?"
2. lolioslol (banned) posted on 07 Jan 2013, 17:07 16 0
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 posted on 07 Jan 2013, 17:13 9 0
"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 posted on 07 Jan 2013, 17:31 3 0
And just why would the Supremes be interested in intervening in a pissing match over a sales ban?
22. Sailingmaster posted on 07 Jan 2013, 18:01 2 0
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 posted on 07 Jan 2013, 18:18 2 0
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. posted on 07 Jan 2013, 17:14 9 0
Forget about childish court cases apple and concentrate on making this years iphone not just the expected iphone 5 's'
5. mick25 (banned) posted on 07 Jan 2013, 17:15 9 0
So when is Google going to get the patent for drop down notification bar and gets every iPhones banned?
8. blingblingthing posted on 07 Jan 2013, 17:17 4 0
I think that patent is still in review to be granted.
33. frydaexiii posted on 07 Jan 2013, 23:54 1 1
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 posted on 08 Jan 2013, 01:07 1 1
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??
37. anywherehome posted on 08 Jan 2013, 14:18 1 0
They=Apple, not Google :-)
38. iCandy posted on 08 Jan 2013, 15:15 0 0
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 posted on 07 Jan 2013, 17:15 8 0
This must be their "counter event" for all the sweet Android Magic coming to us @ CES 2013.
9. opensourceftw (banned) posted on 07 Jan 2013, 17:21 8 0
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 posted on 07 Jan 2013, 17:35 5 0
On the horizon for Apple:
5 + S = $
On the horizon for Apple consumers:
24. Droiddoes posted on 07 Jan 2013, 18:03 2 0
Hey now, they might get color choices this time around! That's a HUGE leap for apple!
10. amiaq posted on 07 Jan 2013, 17:23 13 0
Not a single thumb down vote can be seen till now. Great!! Everyone HATES Apple.
12. fanboy1974 posted on 07 Jan 2013, 17:25 9 0
I loved my Nexus when I had but I moved on to bigger things.
Sent from a Note 2.
13. drnggaj33 posted on 07 Jan 2013, 17:26 8 0
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 posted on 07 Jan 2013, 18:06 3 0
Would be cheaper for apple, and more entertaining for the iUsers if apple just included a box of crayons in the box.
19. dragonscourgex posted on 07 Jan 2013, 17:39 4 0
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 posted on 07 Jan 2013, 18:02 3 0
They could but they won't. We're talking about the company that literally charges $100 for 16GB of memory.
21. cripton805 posted on 07 Jan 2013, 18:01 5 0
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 posted on 07 Jan 2013, 18:41 3 0
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) posted on 07 Jan 2013, 19:15 2 0
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 posted on 07 Jan 2013, 21:57 0 0
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 posted on 07 Jan 2013, 19:25 0 0
Great. Because a phone that's barely even available anymore is worth asking to be banned.
31. networkdood posted on 07 Jan 2013, 21:15 0 0
Hey APPLE, meanwhile, the rest of the world wants a Nexus 4 - how do you like them apples?
36. JunkCreek posted on 08 Jan 2013, 01:37 0 0
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.