Apple loses second attempt to ban sales of Samsung phones

Photo: Jim Merithew/Cult of Mac

Photo: Jim Merithew/Cult of Mac

Judge Lucy Koh has denied Apple’s second attempt at banning certain Samsung phones. After Apple won its second major patent infringement case against Samsung earlier this year, it requested that a permanent injunction be placed on nine Samsung devices in the U.S.

Just like when Apple was denied a sales ban after its 2011 landmark victory against Samsung, Koh has not granted the second request. This time around, the ruling signals that Apple and Samsung’s court disputes are indeed settling down.

On top of its $120 million award in May, which was only a small fraction of the $2.2 billion in damages it wanted, Apple proposed a sales ban on the following Samsung products: the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2 Skyrocket, Galaxy S3, and Stratosphere.

Koh found that Apple failed in “demonstrating irreparable harm and linking that harm to Samsung’s exploitation of any of Apple’s three infringed patents.” iPhone sales were surprisingly strong last quarter, and Apple continues to wield the majority of smartphone profits while Samsung’s sales have been shrinking.

While Apple didn’t get what it wanted in this specific instance, both companies did recently agree to settle their patent disputes in eight other countries.

If Apple can’t force Samsung to take its devices off the shelves, the two will likely settle in the U.S. as well.

  • Bob Level

    Never thought this was a good idea for Apple, but still glad to see Samsung faltering anyway. Before long it will be Apple vs the Chinese OEM’s.

    • Rafterman00

      Samsung is hardly faltering. Samsung is faltering like Apple was “faltering” after the 5C didn’t sell as well as expected.

      • JayQ330

        Samsung sells 3 times the amount of smartphone’s, most at the same price & they think Samsung is faltering? These are just more media theatrics, Samsung could lose lose out on 1/3 of their sales for one season & still will more phones than iPhone, then make a comeback with an even better Samsung alpha model’s & be on to again. I personally don’t like galaxy nor iPhone’s…. But if Samsung makes a 4.7 inch alpha with a 4K screen & snapdragon 805 (or an octacore) with a Google experience is, I’d get it in a second.

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Alex HeathAlex Heath is a senior writer at Cult of Mac and co-host of the CultCast. He has been quoted by the likes of the BBC, KRON 4 News, and books like "ICONIC: A Photographic Tribute to Apple Innovation." If you want to pitch a story, share a tip, or just get in touch, additional contact information is available on his personal site. Twitter always works too.

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