Apple asks the full Court of Appeals to reverse the decision not to ban the Samsung GALAXY Nexus

Apple asks the full Court of Appeals to reverse the decision not to ban the Samsung GALAXY Nexus
Apple has filed with the full Federal Circuit Court of Appeals seeking to overturn a decision made by a three judge panel of the court in October that rejected Apple's request for a sales ban on the Samsung GALAXY Nexus. The Washington D.C. based appeals court was able to give Samsung some more legal protection as the ruling offered some legal precedent that allows the Korean based company to keep selling the Samsung GALAXY Nexus even while preparing for the next Apple-Samsung trial which will take place in 2014.

Apple is banking on getting the entire 9 judge panel to review the decision made by only three of them in October. But legal experts say that the case may not be controversial enough to 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.

source: Reuters

Related phones

GALAXY Nexus
  • Display 4.7" 720 x 1280 pixels
  • Camera 5 MP / 1.3 MP front
  • Processor TI OMAP4460, Dual-core, 1200 MHz
  • Storage 32 GB
  • Battery 1750 mAh(8.33h 3G talk time)

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37 Comments

1. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

Apple is afraid. :D

14. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

More like Apple is iF*cked.

16. AnTuTu

Posts: 1612; Member since: Oct 14, 2012

I'd say rotten :p

20. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Not iRotten?

29. TROLL

Posts: 4851; Member since: Apr 13, 2012

And iCowards.

34. anywherehome

Posts: 971; Member since: Dec 13, 2011

how much iRotten Apple has paid to judges????

18. AnTuTu

Posts: 1612; Member since: Oct 14, 2012

Judge will be like "What the f**k is wrong with you little fruit?"

2. lolioslol

Posts: 182; Member since: Dec 10, 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: Aug 13, 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: Dec 22, 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: Feb 26, 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: Aug 13, 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: 1999; Member since: Sep 16, 2011

Forget about childish court cases apple and concentrate on making this years iphone not just the expected iphone 5 's'

5. mick25

Posts: 110; Member since: Nov 12, 2012

So when is Google going to get the patent for drop down notification bar and gets every iPhones banned?

8. blingblingthing

Posts: 962; Member since: Oct 23, 2012

I think that patent is still in review to be granted.

33. frydaexiii

Posts: 1476; Member since: Dec 01, 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: Dec 13, 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??

37. anywherehome

Posts: 971; Member since: Dec 13, 2011

They=Apple, not Google :-)

38. iCandy

Posts: 46; Member since: Dec 07, 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: 962; Member since: Oct 23, 2012

This must be their "counter event" for all the sweet Android Magic coming to us @ CES 2013.

9. opensourceftw

Posts: 148; Member since: Jan 01, 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: Aug 05, 2011

On the horizon for Apple: 5 + S = $ On the horizon for Apple consumers: Nothing new.

24. Droiddoes unregistered

Hey now, they might get color choices this time around! That's a HUGE leap for apple!

7. jan25

Posts: 470; Member since: Feb 26, 2012

go home Apple, you are a drunken failure.

10. amiaq

Posts: 509; Member since: Jun 30, 2012

Not a single thumb down vote can be seen till now. Great!! Everyone HATES Apple.

11. techguy22

Posts: 227; Member since: Aug 09, 2012

for god sake. stfu already apple.

12. fanboy1974

Posts: 1345; Member since: Nov 12, 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: Feb 29, 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

19. dragonscourgex

Posts: 307; Member since: Jan 16, 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.

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