The US Court of Appeals in Washington violated the US Constitution when it reversed a previous verdict that ruled Samsung was guilty of patent infringement, Apple has declared. In a filing to request an
en banc (full court) review with the US Court of Appeals for the Federal Circuit, Apple claims the three-judge panel's decision to
overturn a previous ruling worth $120 million in February was incorrect, due to the panel introducing its own evidence into the case, and denying Apple's right for a jury to decide the fate of the case.
The petition for a re-hearing, filed on Monday by Apple's attorney William Lee of Wilmer Cutler Pickering Hale and Dorr, claims the panel used information it researched itself to reach a decision, instead of analyzing evidence already submitted as part of the trial court record,
reports Reuters. Since this used new information not previously used in a trial, Apple argues the Seventh Amendment should have prompted the panel to put the decision to a jury.
The overturning of the previous court's ruling has effectively become Samsung's first significant win in its ongoing legal dispute with Apple over patent infringement accusations. The case in question, which was initially ruled
in favor of Apple to the tune of $120 million in February last year, concerned Samsung's infringement of patents for the "data detector," autocorrect, and "slide to unlock." Samsung quickly declared it would
appeal, with the court ruling that there wasn't an infringement for one patent, and two others were invalid.