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Apple fails to secure permanent US ban on Samsung products

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Apple has failed in its bid to secure a permanent ban on Samsung products in the US.

US District Court Judge Lucy Koh denied the Cupertino firm the right to ban 26 of its rivals devices, ruling that any infringing features were part of a larger set, making a sales ban too broad.

iPhone 4S and Samsung Galaxy SIII

© PA Images / Rex Features

Samsung advert which compares the spec between it's own Galaxy SIII against Apple's iPhone 5

© Samsung



"The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple's patents," Koh stated.

"Though Apple does have some interest in retaining certain features as exclusive to Apple, it does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions."

Four months ago, Apple was awarded $1.05 billion (£665 million) in damages after a jury found that 26 Samsung products infringed on its intellectual property.

However, the latest ruling means that the iPhone-maker has failed in its attempt to have the infringing devices withdrawn from sale.

"It would not be equitable to deprive consumers of Samsung's infringing phones when, as explained above, only limited features of the phones have been found to infringe any of Apple's intellectual property," Koh added.

The judge also dismissed claims from Samsung that there are grounds for a retrial based on jury misconduct. One of the jurors allegedly failed to declare a legal spat with Samsung affiliate Seagate.

Koh will still oversee a hearing to determine the final amount of damages Samsung is liable to pay. Apple is campaigning to have the amount increased, while its competitors say it should be reduced.

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