By Erin Geiger Smith
Jan 14 (Reuters) - Samsung Electronics Co Ltd has urged a
U.S. appeals court to stand by its denial of Apple Inc's request
to ban sales of the Galaxy Nexus smartphone while Apple
challenges its patent, according to a document filed late last
week.
In October, a three-judge panel of the U.S. Court of Appeals
for the Federal Circuit blocked Apple's bid for a pretrial sales
ban. Apple has asked all nine active Federal Circuit judges to
reconsider that decision, a process known as "en banc" review.
The October ruling by the Washington D.C.-based appeals
court raised the bar for potentially market crippling
injunctions on product sales based on narrow patents for phone
features. The legal precedent puts Samsung in a much stronger
position by allowing its products to remain on store shelves
while it fights a global patent battle against Apple over
smartphone technology.
Several legal experts believe Apple faces long odds in
trying to persuade the appeals court to revisit its decision.
Samsung's hot-selling Galaxy smartphones and tablets phones
run on Google Inc's Android operating system, so Apple's
litigation against Samsung has been viewed as a proxy for
Apple's fight with Google. The appeals court decision involves
patented search technology which Apple argues is critical to the
iPhone's commercial success.
In its court filing last Friday, Samsung argued that en banc
review was unnecessary because Apple did not have enough
evidence to show a "causal nexus" between its patented search
capability and iPhone sales to justify a ban on sales of the
Galaxy Nexus.
The Federal Circuit's panel ruling against Apple used "well
established" reasoning that does not conflict with U.S. Supreme
Court precedent, Samsung argued.
Representatives for Apple and Samsung did not immediately
respond to a request for comment on Monday.
The two companies are scheduled to go to trial in federal
court in San Jose, California in March 2014.
In a related patent lawsuit last year, Apple scored a huge
legal victory over Samsung when a U.S. jury found Samsung had
copied critical features of Apple's iPhone and iPad and awarded
Apple $1.05 billion in damages.
But U.S. District Judge Lucy Koh in San Jose, California --
who has presided over much of the Apple/Samsung litigation in
the United States -- in December rejected Apple's request for
permanent sales bans on several other Samsung phones.
Koh cited the Federal Circuit panel's October opinion as a
key precedent in her ruling, which Apple said it would also
appeal.
The Nexus case in the Federal Circuit is Apple Inc. vs
Samsung Electronics Co Ltd et al, 12-1507.
Follow us on Twitter @ReutersLegal | Like us on Facebook