Apple Inc. (NASDAQ:AAPL) is leaving no stone unturned in its patent fight against bitter rival Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930). The iPhone maker in a motion filed on Thursday has renewed its attempt to ban the sale of some Samsung products that are found to be infringing the former’s three key patents including the patent no. 915 (pinch-to-zoom functionality).
Injunction to act as a deterrent: Apple
On Thursday, the Cupertino-based firm requested that U.S. District Judge Lucy Koh in San Jose, California stop the sales of around 20 smartphones and tablets including Galaxy S 4G and Galaxy Tab 10.1, which were earlier found to be infringing on Apple’s patents.
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In Thursday’s filing, Apple Inc. (NASDAQ:AAPL) argued “Samsung’s claim that it has discontinued selling the particular models found to infringe or design around Apple’s patents in no way diminishes Apple’s need for injunctive relief.” According to Apple, since Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) regularly brings new products to market, an injunction would act as a deterrent to prevent any future breach of patent by the Korean firm.
Apple in its motion has requested the U.S. District Court for the Northern District of California, headed by Judge Koh to renew the injunction proceedings as soon as Jan. 30.
Products in question hold little commercial value
Last month, the U.S. Court of Appeals for the Federal Circuit asked Judge Lucy Koh to reconsider Apple’s case related to three key patents. The patents in question were for rubber-banding, tap-to-zoom, and pinch-to-zoom UI functions. Judge Lucy Koh rejected Apple Inc. (NASDAQ:AAPL) bid for a sales ban on Samsung products after the 2012 verdict. Since the official mandate for the CAFC’s decision was only until Thursday, therefore, Apple without any delay filed a renewal motion.
According to FOSS Patents’ Florian Mueller, the Korean firm could have objected to the proceedings by asking for a rehearing, but instead the company opted to focus on more important issues. Also, since the devices in question, which have been on the market for almost two years now, hold little or no commercial value to Samsung, which might be another reason why Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) didn’t stall the proceedings, according to a report from Apple Insider.
Top two players in the smartphone category, Apple Inc. (NASDAQ:AAPL) and Samsung, have thrown away millions of dollars over this patent war with each other. Apple, which started the patent fight in 2011, holds 13% of the market share in the third quarter while Samsung holds 31% of the market, according to research firm IDC.