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US appeals court upholds Samsung smartphone ban


LATEST SMARTPHONE FROM SAMSUNG A model displays the new Galaxy Nexus smartphone during a news conference in Hong Kong Wednesday, Oct. 19, 2011. South Korea's Samsung Electronics Co. Ltd on Wednesday unveiled its Galaxy Nexus smartphone, the first to use the latest version of Google's Android operating system. AP Photo/Kin Cheung

WASHINGTON—A US appeals court rejected Friday a bid by South Korea’s Samsung to overturn a ban on US sales of Galaxy Nexus smartphones in a court battle with Apple.

The appeals court left intact the injunction from California-based US District Court Judge Lucy Koh in a victory for Apple, which claimed the Galaxy infringed on iPhone patents.

The court panel in Washington ordered Apple to respond by July 12, while denying a Samsung request to stay, or halt the injunction.

Last week’s injunction blocked Galaxy Nexus sales until the patent case is resolved. Koh wrote that “in sum, Apple has shown a likelihood of establishing both infringement and validity.”

Friday’s development marked a fresh victory for Apple in its long patent fight with Samsung in US and foreign courts.

The same district court judge in June barred the sale of Samsung’s new Galaxy Tab 10.1 tablet computer, saying Apple had presented “a strong case” for patent infringement.

Both Galaxy devices are powered by Android operating software that Google makes available for free to gadget makers. Nexus is the Mountain View, California-based technology company’s own branded line.

Galaxy Nexus launched in the United States in April and Google gave the smartphones to developers at its annual conference in San Francisco as part of a “tool kit” to create applications for the Android mobile platform.

Smartphones powered by Android software command 50.9 percent of the US market, where slightly more than a quarter of mobile phones used are made by Samsung, according to figures by industry tracker IDC.

Apple gadgets made up 31.9 percent of the US smartphone market, IDC reported.

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Tags: Samsung Galaxy Nexus , South Korea Samsung , technology



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