Apple Lawsuit Vs Samsung: Despite a recent courtroom denial, Apple Inc. (NASDAQ:AAPL) continues to hope that sales of the Galaxy Nexus smartphone by Samsung will be halted as its patent is challenged.
According to a document filed late last week and reported by MercuryNews.com, Samsung is urging a United States appeals court to stick with its initial decision. In other words, they don’t feel that Apple should be left off the hook after the first ruling.
If you have not been keeping current with this courtroom battle, here is a brief update from the same MercuryNews.com article:
“In October, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit blocked Apple’s bid for a pretrial sales ban. Apple has asked all nine active Federal Circuit judges to reconsider that decision, a process known as “en banc” review.”
“The October ruling by the Washington D.C.-based appeals court raised the bar for potentially market-crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.”
You can also catch up on some of the latest updates from this story by checking out our article from last week: Apple Inc. Facing Obstacles in Samsung Sales Ban Plea.
Although Apple Inc. (NASDAQ:AAPL) continues to plead its case in hopes of an appeal, “several legal experts believe Apple faces long odds in trying to persuade the appeals court to revisit its decision.” In other words, things are not looking too good for the tech giant right now.
Right now, it appears that Samsung has the upper hand in this courtroom showdown. Here is additional information from MercuryNews.com:
“In its court filing last Friday, Samsung argued that en banc review was unnecessary because Apple did not have enough evidence to show a “causal nexus” between its patented search capability and iPhone sales to justify a ban on sales of the Galaxy Nexus.”
“The Federal Circuit’s panel ruling against Apple used “well established” reasoning that does not conflict with U.S. Supreme Court precedent, Samsung argued.”
If you think Apple Inc. (NASDAQ:AAPL) is fighting too hard, it may have something to do with the fact that they have had success against Samsung in the past.
Check out our article from August 2012: Apple Inc. Wins Patent Suit v. Samsung; $1.05B Award.
If nothing changes, don’t expect Apple Inc. (NASDAQ:AAPL) to come out on top with its appeal. However, we are here to keep you up to date of any breaking news.
Check back here for more updates on Apple Lawsuit Vs Samsung.
DISCLOSURE: I have no positions in any stock mentioned.
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