Westlaw News

Apple suggests Federal Circuit panel went rogue in patent fight with Samsung

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.

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