Friday, February 1, 2013

Court refuses Apple's request to ban Samsung Galaxy Nexus

A U.S. appeals court has denied Apple a rehearing on the rejection of an injunction on sales of Samsung Electronics' Galaxy Nexus. Apple had earlier questioned a criterion for preliminary injunctions used by the court.

samsung, apple

The company asked the court to review its earlier ruling that to secure a preliminary injunction, a 'causal nexus' had to be established between the infringing feature and consumer demand for the accused product.

The U.S. Court of Appeals for the Federal Circuit also denied Thursday Apple's motion for a rehearing by a full court of its petition, without giving reasons.

The causal nexus criterion requires the patent holder to prove, as a prerequisite to securing a preliminary injunction, that the patented feature drives consumer demand for the accused product, Apple said in its petition. Neither the Supreme Court nor the appeals court has ever before imposed such a feature-specific prerequisite to injunctive relief, it said.

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Source: http://www.pcworld.com/article/2026843/court-refuses-apples-request-to-ban-samsung-galaxy-nexus.html

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