Court rejects Apple request for fast-track appeal for Samsung ban

The U.S. Circuit Court of Appeals says Apple must take the normal, slower route for a review of its appeal.

Apple's request to fast-track a sales ban on Samsung products has been rejected by the U.S. Circuit Court of Appeals.

As Reuters reports, the iPad and iPhone maker yesterday lost its bid to rush the appeals process. It must now wait for a three-judge panel review of the appeal before potentially reaching the full court.

Apple is appealing the U.S. District Court's rejection of a permanent injunction on certain Samsung products following Apple's victory last year in its high-profile patent battle that resulted in a $1.05 billion award to Apple in damages.

During Apple's appeal, the contested Samsung products -- which are mainly older devices -- will stay on shelves. That's unlikely to be too much of a concern for Samsung's balance sheet either way. But if the permanent sales ban is eventually approved, this could open a door for Apple to argue for the sales ban of newer Samsung smartphones and tablets.

Brian Love, a professor at Santa Clara University School of Law, told Reuters that Apple's request for an immediate review was never anything more than a long shot. "In some sense, Apple was asking to 'cut in line,' and judges are generally reluctant to give certain cases special treatment," he said.

In late January, the same court rejected Apple's request to extend the ban to more sought-after Samsung smartphones, including the Galaxy Nexus. In addition, a post-trial ruling rejected an increase in Apple's damage claim after ruling that Samsung did not "willfully" infringe on the smartphone and tablet maker's patents.

This story originally posted as "Apple's fast track Samsung sales ban plea rejected" on ZDNet.

 

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