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Apple Seeks Court-Imposed Ban on Sale of Some Samsung Devices

Judge Koh has said "no" twice before to sales bans. Maybe the third time's a charm?

Having secured yet another jury verdict against Samsung, Apple is once again asking for a court-imposed sales ban on the products found to infringe its patents.

Apple on Friday submitted its proposal for a permanent injunction that would bar Samsung from selling products that infringe three of its patents. Apple’s proposal would bar Samsung from selling nine of its products: the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note II, Galaxy S II, Galaxy S II Epic 4G Touch, Galaxy S II Skyrocket, Galaxy S III and Stratosphere phones.

“Apple will suffer irreparable harm if Samsung continues its use of the infringing features, that monetary damages cannot adequately compensate Apple for this resulting irreparable harm,” Apple wrote in its court filing, seeking a permanent sales ban.

The Cupertino technology giant won a $119 million verdict against Samsung Electronics on May 2. A San Jose jury found the South Korean company had infringed on Apple’s patents for “data detection/linking,” a feature for dialing a phone number found in email, for the “slide to unlock” feature for gaining access to the device, and for “autocorrect,” which suggests replacements for incorrectly spelled words.

Apple’s proposed injunction asks U.S. District court Judge Lucy Koh to also bar Samsung from selling a phone with any feature “colorably similar” to the data detection, slide-to-unlock and autocorrect features found to have infringed.

Getting an injunction is high on Apple’s wish list. Although it has now gotten three juries to award it more than a billion dollars in damages, what Apple most wants is for Samsung (and really Google) to make their software and hardware more different from the iPhone’s.

Aside from a few temporary injunctions that were later overturned, though, Apple has yet to secure any serious sales bans. Judge Koh has twice declined to issue permanent injunctions following jury verdicts.

Although Apple submitted its proposed injunction, Samsung will surely oppose it and it will be up to Koh whether to break from past decisions and order one this time around.

Separately, Apple asked Koh on Friday to order a partial new trial on the amount of damages that Samsung should have to pay for infringement of certain patents.

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