Apple can engage in a ban on sales of some Samsung Electronic Devices Co. products discovered to infringe its patents on smart phone features, after winning a U.S. appeals court ruling.
“Apple sought to enjoin Samsung’s infringement of several of Apple’s design and utility patents, as well as Samsung’s dilution of Apple’s iPhone trade dress. We affirm the denial of injunctive relief with respect to Apple’s design patents and trade dress. How- ever, we vacate the denial of injunctive relief with respect to Apple’s utility patents and remand for further proceedings” Obama’s designee, U.S. Trade Representative Michael Froman, said in a statement today.
The Korean company requested Obama to capsize the ban requested by the U.S. International Trade Commission on public plan reasons — the same comfort the chief executive gave Apple in Aug from an order with the exception of imports of the iPhone 4S. Samsung can now seak for a delay from a U.S. appeals court.
While many of the phones in this case are no longer sold, Apple has another situation against Samsung going to trial in March over more recent designs, including Samsung’s Galaxy S III. Should the U.S. District Judge Lucy Koh, who is presiding over the situation, encourage a ban on the older designs, Apple could claim that more recent mobile phones are the same products gussied up with new names.
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