By Dan Levine
SAN FRANCISCO Feb 4 A U.S. appeals court on
Monday rejected Apple Inc's request to fast-track its
bid for a sales ban on several Samsung Electronics Co Ltd
phones, ruling the iPhone maker could not argue its
case to the full appeals court right away.
A lower court judge had rejected Apple's bid for a permanent
injunction following a blockbuster trial last year. In its
ruling on Monday, the Federal U.S. Circuit Court of Appeals in
Washington, D.C., said a three-judge panel will first consider
Apple's appeal, and the full appeals court would not decide
whether to hear the case until after that.
Representatives for both Apple and Samsung declined to
The fight in the appeals court comes after Apple won a $1.05
billion verdict last year against Samsung in a California trial
court. Apple followed up its win by seeking a permanent ban on
several older Samsung phones, but analysts expected Apple to try
to extend such a ruling to Samsung's hotter selling models like
the Galaxy S III.
U.S. District Judge Lucy Koh in San Jose, California,
rejected Apple's request.
The fight between Apple and Samsung has been widely viewed
as a proxy war between Apple and Google Inc. Samsung's
Galaxy smartphones and tablets run on Google's Android operating
system, which Apple's late co-founder, Steve Jobs, once
denounced as a "stolen product."
The Federal Circuit ruling on Monday allows Samsung to keep
its products on store shelves while Apple's appeal proceeds on a
slower pace. Brian Love, a professor at Santa Clara University
School of Law, said Apple's request for immediate full court
review was a long shot to begin with.
"In some sense, Apple was asking to 'cut in line,' and
judges are generally reluctant to give certain cases special
treatment," Love said.
The same appeals court had rejected a separate Apple bid for
a pretrial sales ban against Samsung's Galaxy Nexus phone. Last
week it refused to rehear that appeal before the full court.
The case in the Federal Circuit is Apple Inc. vs. Samsung
Electronics Co Ltd. et al., 2013-1129.