|By Maureen O'Gara||
|January 28, 2013 06:00 AM EST||
Apple wants the whole US Court of Appeals for the Federal Circuit to decide whether Samsung really deserves to avoid permanent injunctions barring its widgets from the American market while infringement suits are pending.
It claims the court and the District Court in California have prevented it from getting injunctions protecting its patented widgetry, forcing Samsung to change its products or remove them from the market.
The appeals court ruled in October that Samsung could continue selling its Galaxy Nexus smartphone despite a $1 billion jury decision in Apple's favor because it figures that Apple has to prove that the patented features Samsung copied drive consumer demand.
Apple maintains that consumer choice is a lot more complicated than that and anyway it has the jury verdict on its side.
FOSS Patents says "this should be the most important question of patent law for the Federal Circuit to address in a long time."