“Apple Inc., after failing repeatedly to win a sales ban against Samsung Electronics Co. over smartphone patent infringement, is now trying what it describes as a more modest approach,” Joel Rosenblatt reports for Bloomberg. “Apple presented its arguments today to U.S. District Judge Lucy H. Koh in San Jose, California, for a ‘narrowly tailored’ ban on some older Samsung models after a jury in May found infringement by both companies. Koh twice rejected the iPhone-maker’s request for a U.S. sales ban in a previous patent case against the Galaxy phone-maker.”

“This time, Apple said it’s targeting specific infringing features in nine Samsung devices and is offering what it calls a ‘sunset period’ to give its Suwon, South Korea-based rival a chance to design around the features before any ban is enforced, according to a court filing,” Rosenblatt reports. “After hearing from both sides today, Koh didn’t say when she will rule.”

“The nine devices now targeted by Apple for a sales ban include the Admire, Galaxy Nexus, Galaxy Note, Galaxy Note 2, Galaxy S2, Galaxy S2 Epic 4G Touch, Galaxy S2 Skyrocket, Galaxy S3 and Stratosphere,” Rosenblatt reports. “Apple’s ‘efforts will surely help, though I don’t know whether they will be enough,’ Michael Risch, a law professor at Villanova University, said in an e-mail… ‘If the features can be clearly defined, an injunction would be ineffectual if one couldn’t stop the defendant from infringing again in new products,’ Risch said. ‘That said, I wouldn’t call it ‘narrowly tailored.’ This is a thorny problem.'”

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