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Appeals court questions Samsung over post-verdict smartphone sales

August 10
6:27 AM 2013

On Friday, the US Court of Appeals for the Federal Circuit forged ahead on one of Samsung Electronics Co. and Apple Inc.'s pending patent cases against each other. The appeals court needed to determine whether or not Samsung would be permitted to sell its products in the US. This was after jury from California discovered that the South Korean corporation's phones and tablets violated the patent held by Apple.

The appeals court did not signal how it intended to rule on the issue. However, the three-judge panel questioned some portions of a ruling made by a US District Judge Lucy Koh last December that favoured Samsung. Koh decided that a ban against 26 products from Samsung was not appropriate.

Sharon Prost, appeals court judge, noted that Koh's reasoning augmented a "gloss" to the right legal standard in determining when court injunctions were appropriate for patent violation. William C. Bryson, another judge, questioned the claim of Samsung that the patented features of Apple were not a driver for the demands of consumers.

Samsung shipped 2.4 times the volume that Apple had in the international market. In the same quarter in 2012, Samsung was able to sell 1.9 times more than Apple. Also, Apple's share of the market is only 13.1% while Samsung owns 30.4% of the market.

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