The patent wars between Apple and Samsung seem to be unceasing. Ever since Samsung was been found guilty of infringing a few of its patents, Apple has been pushing to get heavy sanctions ordered by the court on the company. It seems strange that the Cupertino giant isn’t content with the $1 billion plus fine which has already been levied on Samsung. However, it does seem as though they are having a hard time pushing their plea through the court of law.
Apple Seeks Samsung Sales Ban
Apple has been on the offensive since the court passed the decision that Samsung is guilty of violating its patents. They have been asking the courts to impose a sales ban on Samsung which would prohibit them from selling the products which use any of Apple’s patents. As most people know, Samsung have not paid any royalties to Apple for using their patents which is why Apple is justified to an extent to pursue a harsher punishment.
But it does seem as though Apple would face a tough time pushing their plea through. The chances of it being accepted are slim as Apple is asking for a little more than what can be called fair. This time around, Apple has asked the Federal Court of Appeals to review the original decision against their request for a sales ban on Samsung. It had originally been rejected by a three-man panel in October with all three ruling in favor of Samsung.
Galaxy Nexus – The MacGuffin
In the Apple vs. Samsung trial, it seems as though the Galaxy Nexus smartphone is the bone of contention. Apple had originally asked for the Samsung Galaxy Nexus to be banned from being sold, the plea which was rejected. The problem is that the device wasn’t part of the original case which Apple had filed against Samsung (and won). So, it is expected that the case would go to trial in the next year instead of being settled amicably.
No Legal Precedent
The nine member Federal Court of Appeals can come into action if the original commission or panel had failed to reach a consensus. In this case though, the three members had all voted against granting Apple the sales ban it was pleading on Samsung. The panel had stated that it was premature to place a sales ban on Samsung simply because the case had not gone to trial as yet. Even now, the case is not in the trial stages so the chances of Apple finding success are slim.
There is no legal precedent in which a unanimous verdict by a panel has been challenged and the entire Federal Court of Appeals panel came out to hear the case. Keeping this in mind, it becomes difficult to fathom that Apple would find any success in this case. They have to wait till the case goes to trial and there they can push the court of law to get a sales ban against Samsung. However, stranger things have happened in corporate trials so you never know!
[Image via thetechblock]