Samsung Electronics Co. won a court order rejecting a permanent U.S. sales ban on 26 of its devices sought by Apple Inc. following a jury verdict in August finding infringement of six of the iPhone maker's patents.
Apple sought to block U.S. sales of 26 Samsung products, only three of which Samsung says are still being sold: the Galaxy S II by T-Mobile, Galaxy S II Epic and Galaxy S II Skyrocket. Apple failed to establish that the infringing features drive consumer demand for the products, U.S. District Judge Lucy H. Koh in San Jose, California, said in her ruling today.
"Samsung may have cut into Apple's customer base somewhat, but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones," Koh said. "The present case involves lost sales –- not a lost ability to be a viable market participant."