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Apple Fails in Attempt to Ban Samsung Sales in the USA

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Apple has lost an attempt to seek a ban on sales of Samsung's smartphones in the USA after a Judge rejected the request.

The hearing followed on from an earlier ruling that Samsung had infringed Apple's patents and lead to the USD1.05 billion award to Apple. However District Judge Lucy Koh has ruled on the latest motion saying that there was insufficient evidence that Apple's sales had been hurt by Samsung devices.

"The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple's patents," District Judge Lucy Koh said in the ruling.

Apple had cited 26 different Samsung smartphones in its legal pleading.

"Though Apple does have some interest in retaining certain features as exclusive to Apple, it does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions." she added.

Although Apple won the landmark damages claim against Samsung, it has lost a number of subsequent attempts to expand that ruling. The company also lost an attempt to force Motorola to lower its own patent royalty rates -- although Motorola is still facing separate investigations over that issue.

Samsung however also suffered a set back in its attempts to overturn the US41.05 billion in damages when a request for a retrial was rejected. Samsung had argued that a key member of the earlier trial jury should not have been allowed to sit due to a conflict of interest, but the Judge ruled that his prior experience did not rule out his participation in the trial.

The two companies are still fighting over a number of other patent infringement lawsuits, with some not due to go to trial until 2014.

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Tags: apple  samsung  USA