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Apple appeals ruling that shot down Samsung injunction

In a court filing on Thursday, Apple announced its intent to appeal a ruling handed down from Apple v. Samsung Judge Lucy Koh denying a Samsung product ban, saying that the issue will be taken to the U.S. Court of Appeals.


According to the document, first discovered by CNET after being entered into record early Thursday, Apple is giving the Court notice that it has begun the process of filing an appeal to the U.S. Court of Appeals for the Federal Circuit.

In a pair of rulings on Monday, Apple v. Samsung Judge Lucy Koh denied Apple's post-trial motion for a permanent injunction against 26 Samsung phones and shot down Samsung's request for a retrial over jury misconduct allegations.

As for the Apple ruling, Judge Koh said that she found no causal link that justifies an injunction against the devices a jury found to have infringed on Apple-held design and utility patents. She went on to say that it would not be in the public's best interest to halt Samsung handset sales when only a limited number of features in the complex handsets were found to in infringement.

"Apple must have lost these sales because Samsung infringed Apple’s patents," Judge Koh wrote in Monday's order. "Apple has simply not been able to make this showing."

Apple's notice comes a day after Samsung filed a document informing the court that the U.S. Patent and Trademark Office invalidated the Cupertino, Calif., company's "pinch to zoom" patent, a key property leveraged to reach the $1.05 billion decision in August.

Judge Koh is set to make determinations on other post trial motions in the coming days, one of the most important being a ruling on damages. Apple wants to see an increase in the payout while Samsung wants them cut down by hundreds of million of dollars.