Apple gets second attempt to win ban on Samsung products

Alex Wagner
Editorial Director of News and Content from  Omaha, NE
| November 18, 2013

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Looks like things in the legal war between Apple and Samsung are heating up once again. Last December, Judge Lucy Koh denied Apple's request to permanently ban sales of several Samsung devices, saying that Apple had failed to prove that it lost sales as a direct result of Samsung's patent infringement. Today the U.S. Court of Appeals for the Federal Circuit has given Apple another chance, though, issuing a ruling that will require Judge Koh to weigh Apple's request for a ban once again.

Apple's second attempt to win a ban on Samsung's products will be a little different than the first. The Cupertino firm will now have a slightly less strict connection to prove: Previously Apple had to show that its patented features were the lone reason that consumers purchased Samsung's hardware, but now it only needs to prove that there was "some connection between the patented feature and demand for Samsung's products." The Court of Appeals goes on to explain that Apple could do this either by showing that the patented features are one of many reasons that consumers bought Samsung's hardware or by showing that the inclusion or absence of the features would make a product more or less desirable.

It remains to be seen whether or not Apple will be successful in actually getting its ban on Samsung's devices this time around, but I'm sure that the company is pretty pleased that it's at least getting a second chance to do so. Neither company has issued a statement on today's decision yet, but stay tuned and I'll update you if one of them has anything to say. 

Via Reuters, The Verge, U.S. Court of Appeals for the Federal Circuit (PDF link)