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UPDATE 1-US appeals court revives Apple bid for Samsung injunction

Monday, 18 Nov 2013 | 12:39 PM ET

WASHINGTON, Nov 18 (Reuters) - A U.S. appeals court on Monday breathed new life into Apple's long-running attempt to secure an injunction against Samsung Electronics Co Ltd, ordering a California judge to reconsider imposing a permanent sales ban on some Samsung products.

The U.S. Court of Appeals for the Federal Circuit said that the lower court abused its discretion in denying the injunction with respect to utility patents and asked it to reconsider.

The U.S. District Court for the Northern District of California had refused the injunction in December 2012. Apple Inc had requested it because of a ruling that Samsung products infringed on three design and three utility patents related to mobile devices.

The appeals court upheld the lower court's refusal to order an injunction on the design patents.

Apple, which makes the iPhone, has been incensed by what it considers Android knockoffs of iPhones and iPads, many of which are made by Samsung. The two companies have been in a complex, long-running battle over global patent litigation.

Last year, Apple was awarded over $1 billion after it convinced a jury that Samsung copied various iPhone features - such as the ability to pinch and zoom images on the screen - along with design touches like the phone's flat, black glass screen.

In March U.S. District Judge Lucy Koh in San Jose ruled that the jury had made errors in some calculations, impacting about $400 million of the verdict.

Koh ordered a retrial of that portion of the original award, which is now wrapping up in San Jose. Closing arguments are scheduled for Tuesday.

Koh also rejected Apple's request for a permanent ban on the sale of several Samsung products in the lucrative U.S. market.

Representatives for Apple and Samsung were not immediately available for comment.

The case at the U.S. Court of Appeals for the Federal Circuit is Apple Inc v Samsung Electronics Co., Inc. The case number is 2013-1129.

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