The US Court of Appeals for the Federal Circuit rejected a bid from Apple today to review and reconsider the sales ban, originally granted and then reversed, on Samsung’s Galaxy Nexus phones. While this type of reconsideration, called an en banc review, is rare, it makes sense that Apple (as well as Samsung) would ask for everything it possibly could in this still-hot case.
The three judge panel today rejected Apple’s request to reinstate a sales ban on Samsung’s Galaxy Nexus smartphone until the later trial, set for March of 2014.
The current dispute revolves around Apple’s patent ’604, which Apple claims is infringed by the unified search function in the Galaxy Nexus. The jury found this to be the case as well, but a sales ban because of it doesn’t appear to be in the cards. Apple was unable to demonstrate that consumer demand for the Nexus was directly connected to the infringing search feature–not an easy thing to prove, by any means.
Apple can still appeal, of course, to the Supreme Court itself. It’s doubtful that such an appeal would be allowed in that higher court, the Cupertino-based tech company may see it as an option in the near future.
Apple may have won a $1.05 billion verdict last year against Korean-based Samsung, it is not winning all the battles along the way at this point.Related