Apple's Loss On Samsung Ban Shows Bar May Be Too High

By Ryan Davis (March 6, 2014, 7:27 PM EST) -- A judge's Thursday decision not to ban sales of Samsung Electronics Co. Ltd. smartphones found to infringe Apple Inc.'s patents shows just how tough it is for patent owners to secure an injunction, and could prompt the Federal Circuit to review the test, attorneys say.

U.S. District Judge Lucy Koh ruled that Apple had failed to meet the Federal Circuit's requirement that in order to win an injunction, a patent owner must prove the patented features drive demand for the infringing product. That fairly new standard was established by the appeals court earlier in the dispute between Apple and Samsung, and...

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