Apple has been unsuccessful in its attempt to ban the Samsung Galaxy S3 in the US.
The US court dealing with an existing hearing with Apple has said it doesn't have the time or resources to add the Galaxy S3 into the equation. Apple will now have to file a new request if it wishes to pursue the cause.See also: Samsung Galaxy S3 video review
"The pending motion for preliminary injunction is fully briefed, and the Court will not consider any further discovery or briefing. An order on the pending motion for preliminary injunction will issue shortly." said district judge, Lucy Koh.
Two days before a scheduled hearing for a preliminary injunction regarding the Galaxy Nexus Apple tried to add the Galaxy S3 to the product list before the smartphone launched in the states. Samsung said it was too late to do so and the court agreed citing 'limited resources'.
Apple claims that the Galaxy S3 infringes two of its iPhone patents relating to a universal interface for retrieval of information in a computer system and a system and method for performing an action on a structure in computer-generated data.
"If Apple seeks to file a motion to enjoin sales of the Samsung Galaxy S III, Apple will have to request a new hearing date from the Court." added Koh.
Samsung said in a statement: "The U.S. District Court for the Northern District of California court rejected Apple’s attempt to circumvent the legal process in order to delay the launch of the Galaxy S III. Apple must file a separate preliminary injunction motion, resulting in separate proceedings."
"We will continue to take all available measures to oppose Apple's attempts to disrupt consumer access to the Galaxy S III. We will also ensure that he U.S. launch and sales of the Galaxy S III will proceed as planned."
It's round one to Samsung but it's unlikely Apple will give up the on the battle just yet.