Apple Unlikely to Win US Ban on Samsung Phones

A preliminary ruling by the US Court of Appeals suggests Apple is unlikely to win its appeal of a lower court ruling rejecting its request to ban the sale of Samsung’s Galaxy line of smartphones and tablets in the US.

During Friday’s preliminary hearing comments by the three-judge panel of the Court of Appeals for the Federal Circuit suggests they will likely rule that Apple didn’t provide enough evidence to support an injunction against Samsung products.

Rejecting Apple’s argument that it met its burden by simply showing that Samsung likely infringed on Apple’s iPhone patents and that Apple is likely to be hurt, the appellate court judges expressed the view that Apple must go further by showing “a causal link between patent infringement and a loss of customers.”

That judge’s comments suggest the appellate court’s decision is unlikely to overturn the district court’s decision against issuing an injunction.

In December the Apple’s request for a pre-trial injunction against the sale of Samsung products was rejected by the district court for the northern district of California as “unfounded”.

The pending litigation between Apple and Samsung comprises about 30 separate lawsuits in the US, Japan, S. Korea, the Netherlands, Australia and five other nations.

The district court in San Jose is expected to begin the trial on July 30.