Apple share price: US appeals court revives hopes for Samsung sales ban

on Nov 19, 2013
Updated: Oct 21, 2019
Listen, Tuesday, November 19: A US appeals court ruled yesterday that Apple Inc (NASDAQ:AAPL) can seek a ban on sales of some Samsung Electronics’ products found to infringe patents held by the iPhone maker. The decision follows US District Judge Lucy Koh’s rejection of Apple’s request last year for a court injunction on 26 Samsung products, a ruling that the Cupertino-based company appealed against. The decision gives Apple a chance to stall sales of its chief competitor in the smartphone market.

In today’s trading Apple shares were up 0.3 percent at $520.15 as of 14:31 UTC.
**Patent infringement**
Trade these shares now through Hargreaves Lansdown from £5.95 per deal.
The US Court of Appeals for the Federal Circuit ruled unanimously that Judge Koh made errors last year when ruling against Apple’s request for banning sales of 26 Samsung products in the US.

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Apple requested the ban claiming that Samsung had deliberately copied its prized iPhone handset.
Last year, Apple was awarded more than $1 billion in damages as a California jury ruled that the South Korean company had infringed its patents, but Judge Koh found some errors in the jury’s calculations impacting about $400 million of the verdict.
In rejecting Apple’s request for a court injunction, Judge Koh said that the company would have to prove that each feature covered by the infringed patents drove sales of Samsung smartphones. According to the appeals court this is not the case:

“Rather than show that a patented feature is the exclusive reason for consumer demand, Apple must show some connection between the patented feature and demand for Samsung’s products,” the court said yesterday.
This is a partial win for Apple but one that will breathe a new life in its attempt to curb Samsung sales in the US. The South Korean company has argued that the monetary compensation to Apple would be enough to make up for any infringement, but the fact is that even at its original size the award pales in comparison to the scale of the battle for dominance of the smartphone market between the two companies. The $1 billion compensation is worth less than two weeks of iPhone sales, Bloomberg notes.

**Creating precedent**

Even though the court injunction requested by Apple concerns older Samsung phones, many of which are no longer being sold, a ban will help the company by creating a precedent that can be used to argue that the same restrictions should be applied to newer models from its rival. Apple has a further case against Samsung, concerning newer models including the Galaxy III, going to trial in March.
**As of 15:25 UTC buy Apple shares at $521.61**
**As of 15:25 UTC sell Apple shares at $521.43**
Trade these shares now through Hargreaves Lansdown from £5.95 per deal.
Prices can go up and down meaning you can get back less than you invest. This is not advice. Dealing services provided by Hargreaves Lansdown.
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