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Last month the U.S. Court of Appeals for the Federal Circuit tossed a verdict obtained by Apple against Samsung which required the Korean giant to pay $120 million in damages. The court ruled that Samsung won’t be required to pay $120 million in damages and nor would it need to alter product designs, it held that the company did not infringe on slide-to-unlock and alphanumeric characters patents held by Apple. The Cupertino company has responded back by saying that reversal of the verdict is a violation of the United States constitution.

In a petition filed for en banc rehearing, Apple argues that the Court of Appeals used materials that it researched on its own to overturn the verdict, instead of what was present in the trial court record. Apple claims that this violated its Seventh Amendment right to have a jury make a decision based on the facts of the case.

The verdict in question was handed down back in May 2014, the court had found Samsung guilty of infringing on Apple’s patents, and ordered the company to pay $120 million in damages. Samsung appealed and just last month the Court of Appeals ruled in Samsung favor and tossed the verdict.

Apple has now filed a petition for rehearing en banc before the U.S. Court of Appeals for the Federal Circuit. Samsung hasn’t responded to the petition as yet. This verdict is different from the one that required Samsung to pay $548 million in damages to Apple, that particular case will now be heard by the United States Supreme Court.

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