InfoAnda - Analysis: Apple bid for Samsung sales ban faces skeptical court |

Pakistanis angry over detentions in Times Sq. case
Monday, May 24, 2010
ISLAMABAD – Relatives of three men detained by Pakistan for alleged links to the suspect in the attempted Times Square bombing say the men are innocent.
They

Taiwan denies boycotting Australian film festival
Thursday, August 6, 2009

AFP - Thursday, August 6TAIPEI (AFP) - - Taiwan's Beijing-friendly government on Wednesday denied boycotting an Australian film festival amid a row over the e

Merkel's support dips, regional ally resigns International
Thursday, September 3, 2009

By Sarah Marsh and Noah Barkin

BERLIN (Reuters) - Chancellor Angela Merkel suffered a double blow on Thursday as a senior party ally in east German

Minister seeks closure of anti-Berlusconi websites
Wednesday, December 16, 2009
ROME (AFP) - – The Italian government moved Tuesday to close down Internet sites encouraging further violence against Prime Minister Silvio Berlusconi, who

Asian markets mixed after Wall Street rally
Wednesday, March 18, 2009

By ELAINE KURTENBACH,AP Business Writer AP - Wednesday, March 18SHANGHAI - Asia's stock market rally seemed to be running out of steam Wednesday, despite an

Australia PM Gillard battens down for disaster fallout | 4 February 2011
Vatican mulls options over woman who lunged at pope | | 26 December 2009
Ten dead as militants attack Pakistan army HQ | 10 October 2009

Chinese AIDS activist flees to US after harassment | 11 May 2010

Forum Views () Forum Replies ()

Read more with google mobile : Analysis: Apple bid for Samsung sales ban faces skeptical court |

Edition: U.S. Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Aerospace & Defense Investing Simplified Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB Dividends World World Home U.S. Brazil China Euro Zone Japan Africa Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Nader Mousavizadeh Lucy P. Marcus Nicholas Wapshott Bethany McLean Anatole Kaletsky Zachary Karabell Edward Hadas Hugo Dixon Ian Bremmer Lawrence Summers Susan Glasser The Great Debate Reihan Salam Frederick Kempe Mark Leonard Steven Brill Breakingviews Equities Credit Private Equity M&A Macro & Markets Politics Breakingviews Video Money Money Home Tax Break Lipper Awards 2012 Global Investing MuniLand Unstructured Finance Linda Stern Mark Miller John Wasik James Saft Analyst Research Alerts Watchlist Portfolio Stock Screener Fund Screener Personal Finance Video Money Clip Investing 201 Life Health Sports Arts Faithworld Business Traveler Entertainment Oddly Enough Lifestyle Video Pictures Pictures Home Reuters Photographers Full Focus Video Reuters TV Reuters News Article Comments (0) Follow Reuters Facebook Twitter RSS YouTube Read Five accused in India rape case charged in court | 12:37pm EST Former governor Richardson, Google's Schmidt arrive in North Korea | 4:04pm EST Exclusive: U.S. nuclear lab removes Chinese tech over security fears 3:32pm EST BofA reaches $11.6 billion settlement with Fannie Mae 12:08pm EST "Amour" takes U.S. film critics' top prize as best film 05 Jan 2013 Discussed 148 ”Fiscal cliff” tumble looms despite Senate efforts 120 Gun purchasers set new record in December: FBI 110 House Republicans weigh last-ditch challenge to fiscal deal Pictures Reuters Photojournalism Our day's top images, in-depth photo essays and offbeat slices of life. See the best of Reuters photography. See more | Photo caption Colorado shooting: Looking back Prosecutors will outline their murder case against James Holmes in a preliminary hearing. Slideshow Depardieu gets Russian citizenship Putin has granted citizenship to Gerard Depardieu, the French movie star who is quitting his homeland to avoid a tax hike on the rich. Slideshow Analysis: Apple bid for Samsung sales ban faces skeptical court Tweet Share this Email Print Related News Supreme Court to hear same-sex marriage cases in late March 2:14pm EST Hitting a high Note: 'phablets', chips to drive Samsung fourth quarter profit 4:50am EST U.S. ends long Google probe with only mild reprimand Fri, Jan 4 2013 Judge rejects part of Apple App Store suit vs Amazon Wed, Jan 2 2013 Argentina asks U.S. court to block payouts for debt holdouts Sat, Dec 29 2012 Analysis & Opinion Stop the CES madness Monday at SCOTUS: revisiting the Class Action Fairness Act Related Topics Investing and Taxes Simplified » Tech » Media » Customers gather outside an Apple store before the release of iPhone 5 in Munich early September 21, 2012. Apple Inc's iPhone 5 hit stores around the globe on Friday, with fans snapping up the device that is expected to fuel a huge holiday quarter for the consumer giant. Credit: Reuters/Michael Dalder By Dan Levine SAN FRANCISCO | Mon Jan 7, 2013 3:34pm EST SAN FRANCISCO (Reuters) - Apple Inc faces long odds in its attempt to overturn a U.S. appeals court ruling that threatens to undermine its smartphone patent war against Samsung Electronics Co Ltd. Apple has asked the full Federal Circuit Court of Appeals to revisit an October decision by a three-judge panel of the court, which rejected its request to impose a sales ban on Samsung's Galaxy Nexus smartphone ahead of a trial set for March 2014. In that ruling, the Washington D.C.-based appeals court raised the bar for potentially market crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology. Apple hopes the full Federal Circuit, made up of nine active judges, will reverse the panel's findings. But legal experts say the specific legal issues involved are not likely to be controversial enough to spur full court review. Furthermore, the three judges who issued the ruling were unanimous, whereas the Federal Circuit tends to review a case "en banc" - with all of the active judges - when an earlier ruling showed a split. The Federal Circuit fight comes after Apple won a $1.05 billion verdict last year against Samsung in a California federal court. The same trial judge will preside over the legal battle surrounding the Nexus phone, which involves a patent not included in the earlier trial. The fight has been widely viewed as a proxy war between Apple and Google Inc. Samsung's hot-selling Galaxy smartphones and tablets run on Google's Android operating system, which Apple's late co-founder, Steve Jobs, once denounced as a "stolen product." Google has not had much luck in obtaining injunctions against Apple, either. In a deal with federal antitrust regulators announced last week, the Android developer agreed to limit when it can use certain swaths of its patent portfolio to seek injunctions. Samsung's legal papers arguing against full court review of the Federal Circuit ruling on Galaxy Nexus sales are due this week. To win a rehearing before the full court, Apple needs five out of the nine judges to vote in favor. Representatives for Apple and Samsung both declined to comment. RAISING THE BAR In the October ruling, the three-judge panel found that Apple did not have enough evidence of a "causal nexus" between its patented search capability and iPhone sales to prove that Samsung has caused harm justifying an injunction. U.S. District Judge Lucy Koh in San Jose, California, who has presided over much of the Apple/Samsung litigation in the United States, cited the panel's decision in a December order rejecting Apple's request for permanent sales bans on several Samsung phones. Apple has said it would appeal Koh's ruling. A wide sales ban against Samsung products could be devastating. Apple claims that 22.7 million of Samsung's total unit sales from mid-2010 to March 2012 - or $8.16 billion in U.S. revenue - came from products that infringed Apple patents. It will be hard to convince the Federal Circuit to revisit the injunction issue because the legal arguments involved are not among those that have caused the most recent controversy at the court, said R. Polk Wagner, a professor at University of Pennsylvania Law School and a former Federal Circuit clerk. For example, no outside groups have filed briefs supporting Apple's bid for en banc review, according to court records. In contrast, the court last year granted en banc review in a case about the scope of software patents, currently a hot topic in intellectual property debates. A three-judge panel in that case split 2-1, and outside advocacy groups filed briefs urging full court review. Oral arguments are set for February. The Federal Circuit is eight times more likely to grant an en banc petition if a third party files a brief urging it to do so, according to a 2010 study by Colleen Chien, a professor at Santa Clara Law in Silicon Valley. The study covered 20 years of Federal Circuit activity. While tough for Apple, persuading the court to grant en banc review is not impossible, court watchers say. Some of the Federal Circuit judges, including Chief Judge Randall Rader - who was not part of the panel that issued the October ruling - are considered by legal experts to be pro-plaintiff, believing that injunctions are a crucial tool for enforcing patent rights. If Apple loses at the Federal Circuit, the company could ask the U.S. Supreme Court to take up the matter. However, the Supreme Court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years, suggesting it would be unlikely to review this case, said Wagner, of the University of Pennsylvania. "If they don't get it now," he said of Apple's petition for en banc review, "any chance they have won't come again for a long time." The case in the Federal Circuit is Apple Inc. vs Samsung Electronics Co Ltd et al, 12-1507. (Reporting By Dan Levine; Editing by Martha Graybow, Tiffany Wu and Steve Orlofsky) Investing and Taxes Simplified Tech Media Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above. Edition: U.S. Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Connect with Reuters Twitter Facebook LinkedIn RSS Podcast Newsletters Mobile About Privacy Policy Terms of Use AdChoices Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

Other News on Tuesday, 8 January 2013
Chinese hold anti-censorship protest outside newspaper |
Extradited al Qaeda suspect pleads not guilty in U.S. court |
Vatican rejects rebel bishop's denunciation of Jews |
U.N. nuclear chief Amano has no rivals for new term |
British coalition pledges no split before 2015 vote |
Analysis: Apple bid for Samsung sales ban faces skeptical court |
Verizon CEO touts wireless potential |
Best Buy, Wal-Mart bring disc-to-digital conversion home |
Sharp says pondering weak finances, no talks with Intel now |
AT&T to launch home monitoring service in March |
Exclusive: U.S. nuclear lab removes Chinese tech over security fears |
MetroPCS reports decline in subscribers as it awaits merger |
NY prosecutors delay charging Lindsay Lohan in nightclub clash |
Actor Depardieu denies leaving France for tax reasons |
Mariah Carey increased security in feud with fellow Idol judge |
As Obama, Karzai meet, Afghan peace efforts show flickers of life |
In India, questions over decision to treat rape victim overseas |
Afghan man in army uniform kills NATO soldier in Helmand |
Israeli minister warms to choice of Hagel for Pentagon |
Japan to revise defense policy by end 2013: paper |
Venezuela opposition furious over likely Chavez inauguration delay |
Samsung on track to become top home appliances maker |
Intel bets big on thin PCs and phones at Las Vegas show |
Galaxy phones power Samsung to record $8.3 billion profit |
Chinese man pleads guilty in $100 million stolen software sting |
Qualcomm opens CES with new chip, Ballmer and Big Bird |
Sony mulls battery unit sale in push toward core electronics |
Taiwan chipmaker UMC says Dec sales fall 3.8 percent on year |
Downton Abbey sets PBS record with 7.9 million viewers |
Tunisia frees man held over attack on U.S. consulate in Libya |
Three accused in Indian rape case finally get legal help |
Guangdong chief offers deal in Chinese paper censorship row: source |
Quake measuring 5.7 strikes off northwest Turkish coast |
Syrians brush off Assad speech as fighting rages |
Turkey, Ocalan map out steps to end Kurdish conflict |
French budget minister faces tax fraud probe |
Congo rebels declare ceasefire before peace talks |
India accuses Pakistan of killing soldiers in Kashmir |
Kuwait's parliament approves decree curbing popular vote |
Disney joins JAKKS, LA billionaire to bring toys to life |
Rounds video-chat service expects millions of users from mobile |
AT&T sells record 10 million smartphones in fourth-quarter |
Target to match some rivals' online prices year-round |
Nokia raided by tax officials in Chennai, India |
GameStop says same-store sales to fall; shares drop |
David Bowie breaks long silence with new music release |
Snakes on a Plane director David R. Ellis dies in South Africa |
Rushdie, Amis targeted in critical maulings of 2012 |
Disney joins JAKKS, LA billionaire to bring toys to life |
Depardieu skips French court to prep for Strauss-Kahn role |
Greece at new risk of being pushed off euro
Bodies of missing Tenn. mom, Jo Ann Bain, and daughter found
Female Breasts Are Bigger Than Ever
AMD Trinity Accelerated Processing Units Now in Volume Production
The Avengers (2012 film), made the second biggest opening- and single-day gross of all-time
AMD to Start Production of piledriver
Ivy Bridge Quad-Core, Four-Thread Desktop CPUs
Islamists Protest Lady Gaga's Concert in Indonesia
Japan Successfully Broadcasts an 8K Signal Over the Air
ECB boosts loans to 1 trillion Euro to stop credit crunch
Egypt : Mohammed Morsi won with 52 percent
What do you call 100,000 Frenchmen with their hands up
AMD Launches AMD Embedded R-Series APU Platform
Fed Should not Ignore Emerging Market Crisis
Fed casts shadow over India, emerging markets
Why are Chinese tourists so rude? A few insights

USD EUR - 1 year graph	VPN on MacOSX	BlogMeter 1.01