Apple has suffered a second patent blow in as many days after a US court refused to review its decision not to award the iPhone manufacturer an injunction on the sale of the Samsung Galaxy Nexus in the country.
The Cupertino-based company had requested that all active judges of the US Court of Appeals for the Federal Circuit reconsider the earlier decision made by a three judge panel to overturn an injunction issued by the US District Court for the Northern District of California in June.
The US appeals court upheld its earlier ruling as it was unsatisfied that Apple could prove that the alleged infringement was a key factor in driving consumer demand.
“Such rehearings are rarely granted, but the question of whether patent holders would be able to bar direct competitors from continued infringement of patents without having to prove that the patented features drive consumer demand appeared important enough to warrant high-level attention,” said analyst Florian Mueller. “For multifunctional products it’s extremely hard, if not impossible, to show that a particular feature drives consumer demand.”
The ruling comes a day after Apple’s attempt to increase the damages that Samsung was ordered to pay in August was rejected by the same US District Court. Apple had wanted the £650 million amount tripled.
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