| SAN FRANCISCO, March 6
SAN FRANCISCO, March 6 A U.S. judge on Thursday
rejected Apple Inc's request for a permanent sales ban
in the United States against some older Samsung smartphones, a
key setback for the iPhone maker in its global patent battle.
U.S. District Judge Lucy Koh in San Jose, California, ruled
that Apple had not presented enough evidence to show that its
patented features were a significant enough driver of consumer
demand to warrant an injunction.
Representatives for Samsung could not immediately be reached
for comment. An Apple spokeswoman declined to comment on the
Apple's request for the permanent injunction stems from the
companies' legal fight over various smartphone features patented
by Apple, such as the use of fingers to pinch and zoom on the
screen as well as design elements such as the phone's flat,
black glass screen.
Apple has already won U.S. jury verdicts against Samsung
Electronics Co Ltd totaling about $930 million.
Koh had already rejected such a sales ban, but the U.S.
Court of Appeals for the Federal Circuit ordered her to
reconsider in November.
Even though Samsung no longer sells the older-model phones
targeted by the injunction request, Apple has argued in court
documents that such an order is important to prevent Samsung
from future copying with new products "not more colorably
different" than the defunct models.
Samsung, meanwhile, argued that Apple was trying to target
new Samsung phones in order to instill fear and uncertainty
among carriers and retailers.
Samsung's phones use the Android operating system, developed
by Google Inc.
The case in U.S. District Court, Northern District of
California is Apple Inc vs Samsung Electronics Co Ltd, 11-1846.