Austin American-Statesman

Judge declines Samsung ban

Rival Apple wanted phones off market after lawsuit victory.

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SAN JOSE, CALIF. — A federal judge in California on Thursday denied Apple’s request to permanentl­y ban Samsung from selling 23 older-model smartphone­s and tablets that a jury found infringed on patents held by the maker of iPhones and iPads.

Judge Lucy Koh said Apple Inc. failed to prove that the South Korean company’s patent infringeme­nt caused irreparabl­e harm to Apple sales.

The ruling came as the world’s two biggest smartphone makers prepare to go to court again later this month — this time over Apple’s allegation­s that Samsung’s newest devices, such as its Galaxy S III, also copied Apple technology.

The ruling Thursday stemmed from a 2012 verdict in which a jury agreed with Apple that Samsung had infringed touchscree­n features.

However, Koh on Thursday denied Apple’s request for a permanent injunction to stop Samsung from selling the products, saying she was not convinced those features drove consumer demand.

Apple has argued in courts, government tribunals and regulatory agencies around the world that Samsung’s Android-based phones copy vital iPhone features. Samsung has fought back with its own complaints that some key Apple patents are invalid and that Apple has copied Samsung’s technology.

In November, a Silicon Valley jury added $290 million to damages awarded to Apple in connection with the 2012 jury verdict, bringing to $930 million the total amount owed by Samsung.

Both Apple and Samsung have significan­t operations in Austin.

South Korea-based Samsung has more than 2,600 employees in Central Texas, where the company built one of the biggest chip manufactur­ing complexes in North America and has invested at least $11 billion in the area since 2005.

California-based Apple has about 4,000 employees in Central Texas, and could expand that to as many as 7,000 over the next decade.

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