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September 16, 2012

Apple wins second legal bout against Samsung in patent row

Apple has scored a second victory against Samsung after an American trade commission refused the South Korean manufacturer's request for a raft of products to be taken off sale.


The Californian company did not violate Samsung's patents in making the iPod touch, iPhone and iPad, said a judge in a preliminary ruling at the International Trade Commission (ITC).

It is Apple's second legal success in less than a month, after a US jury awarded the company $1.05bn (£647m) of damages when it ruled Samsung had copied key features of the iPhone.

The technology giants are involved in more than 30 lawsuits in ten different countries as they escalate their battle for electronics market supremacy to the courts.

In the latest case, ITC Judge James Gildea said on Friday that Apple did not violate the four patents contested in the case.

But both companies will have to wait for January for the final decision, when the full commission decides whether to uphold or overturn the judge's internal ruling.

Apple also has a complaint filed at the ITC against Samsung, accusing the manufacturer of copying its iPhones and iPads. A preliminary decision in this case is expected in mid-October.

A spokesman for Samsung said: "We remain confident that the full commission will ultimately reach a final determination that affirms our position that Apple must be held accountable for free-riding on our technological innovations.

"We are proud of our long history of innovation in the mobile industry and will continue to defend our intellectual property rights." The initial ruling came as Apple said early orders for its new iPhone 5 had been "incredible".

"We've been completely blown away by the customer response," a spokesman said.

telegraph.co.uk

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