Apple and Samsung are back at it in their "it's really not done yet?" patent trial, and while this go-round focuses mostly on monetary damages, Cupertino had its bid to ban certain Sammy devices re-ignited by an appeals court today.
The ruling was a unanimous decree that Judge Lucy Koh made errors in denying Apple's post-verdict request for a permanent injunction on 26 Samsung phones and tablets.
While the appeals court stuck with Koh's denial from a design patent perspective, it decided another look is needed when it comes to a different set of patents.
"[W]ith respect to Apple's utility patents, we conclude that the district court abused its discretion in its analysis and consequently remand for further proceedings," the court's ruling read.
In layman's speak, the court wants Koh to take more time to consider evidence that Apple was "irreparably" harmed when Samsung decided to play copy cat. It
Oh the legal morass...
Apple has argued that Samsung copied its "revolutionary" iPhone, a device that took thousands of man hours and billions to develop. While Apple was awarded many millions in damages, it also referred to the case that captivated us all last year as a "classic" example of a time when patent infringement should lead to a product ban.
For its part, Samsung has said that the monetary damages it's been ordered to pay do a dandy job of covering any patent infringements. The South Korean firm has been ordered to pay Apple $550 million (about 341m/AU$585m), but it's currently trying to cut down that figure.
The 26 devices in question are predominantly older products and don't include flagships like the Galaxy S4 or Galaxy Note 3. If you were in the market for a Samsung Droid Charge, for example, now may be the time to buy one in case Koh ends up banning the handset after a re-examination.
However, Apple also sought a ban on any product not listed that makes use of the infringing utility patents, meaning newer devices could be subject to an injunction.
Today's ruling may also give Apple leverage in a separate patent case with Samsung, set to start next year.
We've asked Apple and Samsung for comment on the federal appeals court ruling and will update this story if and when we receive an answer.