Court nixes Apple's re-try at a Samsung Galaxy Nexus ban

A U.S. federal appeals court said it won't reconsider an earlier ruling refusing to impose a sales ban on Samsung's Galaxy Nexus smartphone.

Shara Tibken Former managing editor

Shara Tibken was a managing editor at CNET News, overseeing a team covering tech policy, EU tech, mobile and the digital divide. She previously covered mobile as a senior reporter at CNET and also wrote for Dow Jones Newswires and The Wall Street Journal. Shara is a native Midwesterner who still prefers "pop" over "soda."

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Shara Tibken

Jan. 31, 2013 9:52 a.m. PT

2 min read

Apple has whiffed again in its attempt to get a court to ban Samsung products in the U.S.

The U.S. Circuit Court of Appeals in Washington, D.C., said it will stand by an earlier ruling rejecting Apple's request to ban U.S. sales of the Samsung Galaxy Nexus smartphone. Apple had asked the court to reconsider its earlier decision.

The move is the latest blow to Apple's long-running battle with Android handset makers. Apple and Samsung have been embroiled in litigation for months, each accusing the other of patent infringement. Apple won a big victory last year, but it so far hasn't made much headway getting Samsung products off the market in the U.S.

Reuters earlier reported the news. We've contacted Apple and Samsung and will update the report when we hear back.

This specific patent case stems from last February when Apple filed a lawsuit against Samsung. In line with the suit, Apple asked the court to ban the sales of infringing products, including the Nexus. U.S. District Judge Lucy Koh granted Apple's request in June.

Samsung then appealed the ruling, and Judge Koh quickly denied the request for a temporary lifting of the ban. Samsung then took the case to the appeals court, which granted a temporary stay on the Nexus ban. In August, the appeals court extended that ban until it could reach a final verdict.

In October, the U.S. Court of Appeals for the Federal Circuit overturned the sales ban on Samsung's Galaxy Nexus phone, saying the district court in California "abused its discretion" in imposing a preliminary injunction on Galaxy Nexus sales.

Apple then asked the court to reconsider its ruling. The outcome of that request was the court's decree today.

Updated at 10:15 a.m. PT with additional background information.