Apple has filed a motion to renew its bid to permanently ban the Samsung products infringing three of its patents, reports Florian Müller of Foss Patents. The move comes after Apple won an appeal in a US district court ruling that had rejected the company’s request to ban Samsung’s products violating Apple’s patents.
Back then, Apple said that the products were infringing three of its patents: the “rubber banding” patent, the “tap to zoom”, and the “pinch to zoom” patents. Judge Lucy Koh, however, denied Apple’s injunction request.
More than a year later, things have changed slightly: Apple successfully appealed Koh’s ruling, and as a result, the judge must reconsider her decision, according to the US Court of Appeals for the Federal Circuit’s November 18 ruling.
It’s important to focus on the asserted patents, not the accused products. Obviously, the products that are named in an April 2011 lawsuit (such as the Galaxy S II) are no longer commercially relevant. But Apple is seeking an injunction that would also cover “any other product not more than colorably different from an Infringing Product as to a feature found to infringe” (which is consistent with the Federal Circuit’s TiVo v. EchoStar opinion).
In other words, the ongoing legal battle’s agenda is slowly filing for next year. This means another trial for 2014, which will be held separately from the already scheduled infringement retrial.