Apple's fast track Samsung sales ban plea rejected

Apple's fast track Samsung sales ban plea rejected

Summary: Apple's been told to hold off -- bids to fast track a ban on Samsung products will not be entertained.

TOPICS: Apple, Patents, Samsung

Apple's pleas to a U.S. appeals court have fallen on deaf ears as the tech giant's wish to place a sales ban quickly on Samsung products is rejected.

As Reuters reports, the iPad and iPhone maker has lost its bid to fast-track the appeals process. Long-suffering U.S. District Judge Lucy Koh in San Jose, California, told the tech giant that under no uncertain terms would it be able to bypass normal proceedings, and would have to wait for a full court review and go before a three-judge panel before any sales bans could be considered.

While Apple's appeal, following the high-profile patent battle which won the firm $1.05 billion in damages, will have to wait before arguing its case to the full appeals court, contested Samsung products -- which are mainly older models -- will stay on the shelves. It's unlikely to be too much of a concern for Samsung's balance books either way, but if the permanent sales ban is permitted, this could open a door for Apple to argue for the sales ban of newer smartphones and tablets. 

Brian Love, a professor at Santa Clara University School of Law, told the publication that Apple's request for an immediate, full court investigation was never anything more than a long shot, commenting:

"In some sense, Apple was asking to 'cut in line,' and judges are generally reluctant to give certain cases special treatment."

In late January this year, the same U.S. court rejected Apple's request to extend the ban to more sought-after Samsung smartphones, including the Galaxy Nexus. In addition, a post-trial ruling rejected an increase in Apple's damage claim after ruling Samsung did not "wilfully" infringe on the smartphone and tablet maker's patents.

Topics: Apple, Patents, Samsung

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  • It seems that Apple just wants to ban Samsung outright

    Current products, past products and any future product that might compete with Apple in the slightest.
  • Meh

    So apple tried to buck the system and failed. What a surprise. Who would have expected such arrogance from apple?
    Anyway, so it was rejected, next instalment please............
    Little Old Man
  • Litigation

    I had some rather crappy experiences with apple users that seemed to think the world revolved around them, and by them saying the word "apple' I was expected to bow & scrape & look after their every whim & desire.

    Lately there were a couple of Apple products that had my interest, but as long as Apple is using the Court System to try stifle competition, I would rather support the company being bullied by Apple.

    A short while ago, there were a couple articles here about Apple having all the characteristics of (and in fact being) - a Religion.

    My Creator is the focus of my worship, not some group of digital geeks that thinks the sun rises and falls on their product. The world does not revolve around apple, Steven Jobs was NOT (nor will he ever be) the messiah.
    • Maybe not the messiah, but iSteve iJobs IS the iMessiah

      With the recent publicity of the 30th anniversary of the Mac, I flashed back to the first Cult-of-Mac zombies at my workplace.

      Our HR and Marketing types couldn't comprehend how to use a PC or Apple II for that matter. They reacted to the first Macs as if Moses brought them down from the mountain. It was kinda cute at first when they squealed with delight as they moused their way around that tiny black and white screen. Look Ma! I’m using a computer!

      However, it soon became apparent that their experience led to the attitude that if everyone wasn't immediately blown away by the Mac like they were, somehow the rest of us just didn't 'get it'. The Apple/Mac snobbery and condescension that ensued was near instant. I was amazed at how the formerly computer illiterate turned into Apple-Uber-Alles types overnight.

      It wasn't long before I'd see them roll their eyes at each other when they saw anyone still 'dumb' enough to continue using a PC.

      Ultimately, it was good for everyone that Apple survived and helped avoid a total Microsoft monopoly, but the resulting 30 year Apple vs. (MS / Google / Android/ Linux, etc.) user wars hasn’t helped.

      I'm sure I'll sent to iHell for speaking such heresy...
  • Apple's crying

    Crying about what they think is infringment is normal for Apple. Monopoly is illegal in this country. I have looked at the tried products from both Apple and Samsung (and others) and frankly what they (Apple) have to offer is not really superior enough to enjoy such a high price. Others look just as good and perform just as well or more and cost way less to purchase. Apple needs to concentrate on making a product and standing behind it. Let the consumer decide who gets their buck. Apple's products from the beginning have always been over rated and overpriced. Competition breeds better products. So compete Apple. When going down the race track are you going to shoot the guy racing next to you so you do not have anyone racing agaist you?
  • heh

    Apple should sue Microsoft for inventing the iFrame ... sounds like brand infringement to me. :)