Samsung Electronics Co Ltd has urged a U.S. appeals court to stand by its denial of Apple Inc's request to ban sales of the Galaxy Nexus smartphone while Apple challenges its patent, according to a document filed late last week.
In October, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit blocked Apple's bid for a pretrial sales ban. Apple has asked all nine active Federal Circuit judges to reconsider that decision, a process known as "en banc" review.
The October ruling by the Washington D.C.-based appeals court raised the bar for potentially market crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.
Several legal experts believe Apple faces long odds in trying to persuade the appeals court to revisit its decision.
Samsung's hot-selling Galaxy smartphones and tablets phones run on Google Inc's Android operating system, so Apple's litigation against Samsung has been viewed as a proxy for Apple's fight with Google. The appeals court decision involves patented search technology which Apple argues is critical to the iPhone's commercial success.
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