By Andrew Chung
Apple Inc has asked a federal appeals court to reconsider
its reversal of a $120 million jury verdict against smartphone
rival Samsung Electronics Co Ltd for patent infringement because
it said the three-judge panel that made the decision last
February violated the U.S. Constitution.
In a petition for rehearing en banc filed on Monday with the
U.S. Court of Appeals for the Federal Circuit by Apple's
attorney William Lee of Wilmer Cutler Pickering Hale and Dorr,
the company said the panel used materials that it researched
itself and were not part of the trial court record to overturn
the infringement verdict. This undermined Apple's Seventh
Amendment right to have a jury, and not an appellate court,
decide the facts of the case, the company said.
To read the full story on Westlaw Practitioner Insights,
click here: bit.ly/1q1o0o5