Bloomberg News

Apple Appeals After Failing to Block Samsung Devices

December 20, 2012

Apple Inc. (AAPL:US), maker of the iPhone and iPad, appealed a federal judge’s decision to turn down its request for a U.S. sales ban on 26 Samsung Electronics Co. (005930) devices after winning a patent-infringement lawsuit.

Apple is seeking a review of the ruling from a federal appeals court in Washington, according to a filing yesterday in U.S. District Court in San Jose, California.

U.S. District Judge Lucy H. Koh said Dec. 17 that while a jury found that Suwon, South Korea-based Samsung infringed six Apple patents, the infringing elements were such a limited part of Samsung’s device that a sales ban wasn’t warranted. Apple hadn’t shown that consumer demand for Samsung products was driven by technology it stole, Koh said in her ruling.

The jury awarded $1.05 billion to Cupertino, California- based Apple in August. Koh, who presided over the trial, hasn’t yet ruled on whether the award should be reduced or increased.

Koh also refused Samsung’s request for a new trial. The company said Dec. 17 it would review the decision before deciding its next move.

Nam Kiyung, a spokesman for Samsung in Seoul, declined to comment when contacted by phone today.

Samsung and Apple, the world’s two biggest smartphone makers, have each scored victories in their patent disputes fought over four continents since Apple accused Asia’s biggest electronics maker of “slavishly copying” its devices. The companies are competing for dominance of a global mobile-device market estimated by Yankee Group at $346 billion this year.

Samsung fell 2.1 percent to 1,471,200 won as of 9:19 a.m. in Seoul trading, while South Korea’s benchmark Kospi index was little changed. The stock has gained 39 percent this year. Apple fell 0.9 percent in New York yesterday.

The case is Apple Inc. v. Samsung Electronics Co. Ltd., 11- cv-01846, U.S. District Court, Northern District of California (San Jose).

To contact the reporter on this story: Karen Gullo in San Francisco at kgullo@bloomberg.net

To contact the editor responsible for this story: Andrew Dunn at adunn8@bloomberg.net


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  • AAPL
    (Apple Inc)
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