Apple is looking to overturn a decision that was made by the Federal Circuit Court of Appeals in October. A three judge panel made the decision that a sales ban on the Samsung Galaxy Nexus was not suitable. Furthermore, the ruling allows Samsung to continue selling the Galaxy Nexus legally, even though there is another case in 2014 concerning Apple and Samsung.
Apple is specifically trying to overturn the decision by pushing a review that would this time be done by the entire court, or a nine judge panel as opposed to the previous three. This reassessment practice is known as "en banc".
Oh Apple, you pesky little fly you. Would that we had a simple fly swatter to brush you aside. Unfortunately, it's relatively clear that Apple is not going to let this go any time soon.
According to legal experts, Apple is going to have a hard time with its endeavors in this matter. First of all, the decision made in October, by three judges was unanimous. A review, or "en banc" is typically used when a panel encounters a mixed decision. Regarding the Samsung Galaxy Nexus product ban, all three judges agreed to dismiss the measure.
Also, when the panel of judges made their final decision, they stated that Apple did not have the proper amount of evidence to prove that Samsung caused obvious damage to their company, at least not enough to warrant an injunction.
U.S. District Judge Lucy Koh from San Jose, California presided over the Apple and Samsung case. She oversaw the case that awarded Apple a $1.05 billion jury award, and more recently rejected Apple's demand for a sales ban on the Galaxy Nexus. Koh cited the earlier panel's decision as her reason for rejecting the request.
Apple has made it clear that it fully intends to appeal Koh's ruling. Thus, they've asked the Federal Circuit Court of Appeals to revisit the decision made in October.
Apple will need five out of the nine total judges to vote in its favor; otherwise there will be no "en banc" trial. However, even if Apple fails to get an "en banc" hearing, they can appeal to the Supreme Court for a final decision. This scenario is highly unlikely though, but more surprising things have happened in the past.
The Supreme Court has made it increasingly more difficult over the past few years for plaintiffs to impose sales injunctions. Clearly, this points to the fact that a final Supreme Court ruling would be unusual.
Samsung has a chance later this week to make a statement regarding the ban on the Galaxy Nexus. Obviously, they're going to fight against the ban and present evidence as to why sale of the device should not be hindered. It goes without saying that a sales ban of Samsung products would be detrimental to the company.
Apple may yet have success in the upcoming 2014 trial, which involves entirely different patents. Interestingly enough, the case will still involve the Samsung Galaxy Nexus as the main focus for Apple's attack.