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Apple loses court battle to ban 'offending' Samsung phones from sale in the US

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By Noel Young, Correspondent

August 27, 2014 | 3 min read

Apple has lost a court battle to ban US sales of nine Samsung smart phones found earlier this year to have violated the iPhone maker's patent rights.

Galaxy S3: One of the "older" phones

In a 42-page ruling, US Judge Lucy Koh threw out Apple's arguments that it would be "irreparably harmed" if Samsung continued selling the infringing smartphones on the American market.

A federal jury in May awarded Apple $120m in damages against Samsung for copying iPhone technology in the second trial between the two companies. The jury, however, did reject many of the patent claims and dramatically reduced the damage award Apple was seeking.

Judge Koh, who has presided over the four-year legal battle in San Francisco, took the position that Apple has secured enough from its chief rival in the smartphone and tablet wars, the San Jose Mercury News reported.

As a result, she decided to order no permanent injunction on an older line of Samsung phones, such as the Galaxy S3.

"Apple has not satisfied its burden of demonstrating irreparable harm and linking that harm to Samsung's exploitation of any of Apple's three infringed patents," the judge wrote.

"Apple has not established that it suffered significant harm in the form of either lost sales or reputational injury."

Apple and Samsung already recently settled all of the patent litigation unfolding in courts in other countries, but have been unable to resolve their feud in the U.S.

Now With the courts reluctant to impose sales bans, experts have are wondering if Apple might be more inclined to settle its conflict with Samsung in the US instead of pushing forward with lawsuits.

Apple declined to comment on Koh's ruling.

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