Full Fed. Circ. Stays Out of Apple-Samsung Fight

     (CN) – The Federal Circuit on Wednesday refused to revisit en banc its finding that Samsung should be banned from incorporating features that infringe Apple patents into its smartphones.
     Samsung Electronics asked for an en banc rehearing of the appeals court’s September ruling that vacated a decision by U.S. District Judge Lucy Koh, in which she refused to grant Apple an injunction to stop Samsung from using patented features in its smartphone and tablet products.
     Koh had originally found that Apple failed to show a connection between the infringing features and a loss in sales. However, a 3-judge panel of the Federal Circuit found at the time that Apple did not need to prove the infringing features were the primary reason consumers bought Samsung products.
     The panel also ruled that the harm Apple will suffer from the infringement could not easily be compensated with money.
     On Wednesday, the circuit preserved the September ruling without comment, but slightly tweaked the panel’s original opinion.
     The original opinion stated, “Apple did not establish that these features were the exclusive or significant driver of customer demand, which certainly would have weighed more heavily in its favor.”
     The panel removed the words “or significant” from the above sentence and added an additional sentence: “Apple did, however, show that ‘a patented feature is one of several features that cause consumers to make their purchasing decisions.'”
     Koh must again consider whether banning the infringing Samsung features is appropriate.
     

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