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Apple, Samsung spar over 2012 trial fallout in Washington

The two companies head to the appeals court to argue, once again, over a sales ban on devices.

Josh Lowensohn Former Senior Writer
Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.
Josh Lowensohn
2 min read

There's unfinished business in Apple and Samsung's 2012 court spat, which left Samsung on the hook for more than $1 billion in damages.

Even with that loss, Samsung managed to keep some 26 of its devices which were found to infringe on Apple's patents from being banned from sale. Apple appealed that ruling, sending the two companies to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., where they argued on Friday.

In arguments in front of a panel of judges, Apple asked once again for a ban on those devices, something that would overturn a decision made last year by District Judge Lucy Koh, Bloomberg reports. Samsung's response was that those devices hadn't cost Apple any of its market share, and that only three of those 26 devices were still being sold today.

Legal onlookers are watching the outcome of this particular case closely because the ruling from the appeals court could change the legal test courts use to evaluate patent infringement. Specifically, whether just a few patents can affect the sales of devices that combine so many features and technologies.

A ruling from the appeals court may not come until next year, with the typical decision taking about nine months. That decision will intersect with several other legal happenings, including a separate ruling from the U.S. International Trade Commission (expected later today) over whether several Samsung devices will be banned from sale in the U.S. for infringing on Apple patents. There's also an upcoming trial on some of the damages from last year's trial (scheduled for November), along with a new trial over many newer devices from both companies, set for early next year.

See: Apple's very busy day in court for more