US judge refuses to ban Samsung phones

A federal judge on Monday denied a legal request by Apple Inc. to ban U.S. sales of Samsung smartphone models that a jury in August said illegally used Apple technology. The eight Samsung phones involved in the case, including the popular Galaxy S II, will not be taken off store shelves because there is no evidence that customers were specifically seeking out the features that Samsung copied, the judge said.

Apple claimed that the harm caused by Samsung was "irreparable" and said that the iPhone had lost market share. Apple also said that future iPhone sales would be fewer in number, and that its ecosystem of devices and software like the iPad, Mac and iTunes were also damaged.

"Apple's evidence does not establish that any of Apple's three design patents covers a particular feature that actually drives consumer demand," Judge Koh wrote in the order."The Court further found that though there was some evidence of loss of market share, Apple had not established that Samsung's infringement of Apple's design patents caused that loss," the judge added.

Apple lawyer Harold McElhinny claimed earlier this year that Samsung "willfully" made a business decision to copy Apple's iPad and iPhone, and he called the jury's $1.05 billion award a "slap in the wrist." Samsung lawyer Charles Verhoeven has argued that Apple was trying to tie up Samsung in courts around the world rather than competing with it head-on.

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