Apple has won another chance to bid for an injunction against Samsung Phones by the United States Court of Appeals for the Federal Circuit in a move that suggests the iPhone and iPad producer is "running scared" of Samsung, its main competition.
That's according to Sam Jardine, partner at Watson Burton LLP Law Firm and adviser on non- commercial and technology contracts.
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"The reinvigoration of this case by Apple demonstrates the brand running scared, and Samsung will be flattered with the level of attention," he told Computing.
Google Android operated Samsung devices such as the Samsung Galaxy S4 accounted for 32 per cent of the market during Q3 this year, compared with Apple's 14 per cent, and Jardine suggests Apple is attempting to use the revived case to catch up with the sales of Samsung
"With the global smartphone market estimated at $300bn, patent litigation is alive and kicking and is - leaving aside the merits of each individual case - often used as a strategic tool by large mobile players to prevent competitors gaining market traction," he said.
"Whether it will halt Samsung's advance remains to be seen," Jardine added.
Apple and Samsung have been involved in a long-running battle over patent infringements, with Apple suggesting that Samsung devices are imitations of its iPhone. Apple won the case in August last year, with Samsung ordered to pay $1.05bn (£665m) in damages.
However, while Apple wanted to have sales of Samsung devices banned, the Californian court in which the battle took place denied the request. Nonetheless, a three judge panel has deemed Apple can revive the case to ban Samsung phones.
"The district court abused its discretion by failing to properly analyze whether damages would adequately compensate Apple for Samsung's infringement of these patents," a statement said.
Android devices - including Samsung smartphones - now claim an 80 per cent share of the smartphone market.
