Apple (AAPL) yesterday renewed its request for a ban on the sale of Samsung's (SSNLF) products in the US. The fresh bid claims that Samsung’s newer offerings are very similar to previous ones, which were previously found to be in violation of several technologies patented by Apple.
The Cupertino-based company asked US District Judge Lucy Koh in San Jose to ban the sale of more than 20 of Samsung’s smartphones and tablets, including the Galaxy S 4G and the Galaxy Tab 10.1, which it says continues to infringe on Apple's patents. Koh had rejected Apple's request for an outright ban on sales, but a federal appeals Court’s ruling on November 18 in favor of Apple allowed the company to pursue an injunction on some of its rival's products.
In its fresh bid Apple has alleged that it needs to protect itself from future infringements: “Because Samsung frequently brings new products to market, an injunction is important to providing Apple the relief it needs to combat any future infringement by Samsung through products not more than colorably different from those already found to infringe.”
The US Court of Appeals for the Federal Circuit in Washington, said that Apple can tailor its request to focus on infringement of patents covering smartphone features, such as multitouch technology, that were at issue in the 2012 trial. The court also said that the company cannot block Samsung products for infringing patented designs.
According to the ruling Apple would have to show a link between the sales and the patent in question: “Apple must show some connection between the patented feature and demand for Samsung’s products. It should prove that the features were contributing factor in the smartphone purchase selection among other considerations.”
Earlier this month, Samsung had filed a case to get Apple’s earlier iPhones banned in South Korea but lost the case. Samsung had sued Apple for infringing three of its patents related to messaging technology. The Seoul Central District Court rejected all the claims.
The patent war between two smartphone giants has been going on for the past few years. Apple had first sued the Korean smartphone maker for copying the iPhone's design, alleging that Samsung's products had copied the look, product, design, packaging, and user interface, thereby violating the company’s patents and trademarks.
In the lawsuit, which was filed back in 2011, Apple had accused Samsung of blatantly copying instead of innovating, and managed to prove this through comparing images provided in a 38-page lawsuit which showed the phones’ similarities.
Both companies have spent millions in legal fees. Earlier this year, Samsung lost a case about patents infringement - in a retrial - and was ordered to pay $290 million in damages. The company now owes $930 million in total.