Could Apple win a ban on Samsung phones in the US after all?
Could Apple still succeed in banning certain Samsung devices from sale in the US? That was one possibility raised last night after a federal appeals court ordered a California judge to reconsider an earlier ruling.
Still battling - Apple and Samsung
Judge Lucy Koh had ruled against a permanent U.S. sales ban on Samsung devices found to infringe on Apple's patents, but Apple asked the appeals court to reconsider that ruling.
Apple and Samsung are fighting legal battles dealing with patents worldwide. They are currently in a U.S. retrial dealing with the penalty for Samsung's patent violations on its earliest smartphones and tablets, with a second trial focusing on more recent gadgets set to follow.
The new federal appeals court order could lead to an injunction against sales of a host of Samsung devices in the United States, said the San Jose Mercury News.
President Obama's administration has already struck down an injunction against certain Apple devices but allowed such a ban against a limited number of Samsung devices.
Mark Lemley, a Stanford University law professor, told the Mercury News that the appeal court ruling “ could fundamentally change the way the patent system works in the (technology) industries.
He explained, " An unsuccessful appeal could have prodded the two companies to settle the case because it would be clear that the only thing at stake was money, not market share - now, however, the stakes have been raised yet again. "
If Judge Koh were to change her ruling and ban the infringing products, she could decide to do the same in the later court battle focusing on Samsung's newer products. These currently have the Korean electronics company winning the smartphone wars.
The Mercury News said, “As with everything else in this case, however, a decision is unlikely to arrive anytime soon: Samsung can still appeal the successful appeal to a higher court.
"We are confident that an injunction will be avoided," Samsung spokesman Adam Yates told Reuters.