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Bitter Apple Has Another Crack At Taking Samsung Down

By David Richards | Tuesday | 19/11/2013

Still bitter over the success of the Samsung Galaxy range of smartphones, Apple has been granted leave by the US Federal Appeals court to have another crack at taking down the Korean company who has become a major threat to the US company.

Apple claims that Samsung should be barred from selling phones and tablets in the USA following claims that Samsung infringed on patents held by the tech giant.

The Wall Street Journal reported that the US appeals court ruled unanimously that U.S. District Judge Lucy Koh, made errors last year when she denied Apple's request for a court injunction against 26 Samsung products.

The court said parts of Judge Koh's ruling against Apple were correct, but it said the judge should spend more time considering evidence offered by Apple to support arguments it is being irreparably harmed by Samsung's patent infringement.

Samsung no longer sells most of the products at issue in the case. But Apple says an injunction remains important because it will allow the company to combat future infringement by Samsung in newer devices.

Samsung had argued monetary compensation to Apple would be an adequate remedy for any infringement and said a product injunction wasn't warranted. A California jury last year awarded Apple more than $1 billion in damages in the case, but Judge Koh found problems with parts of the jury's calculations. The companies are battling again in court over the proper amount that Samsung must pay.

Apple has alleged Samsung deliberately copied the company's "revolutionary" iPhone that took it several years and billions of dollars to develop. Apple also said the case was a "classic" example in which a rival should be banned for selling products because of patent infringement.

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