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Samsung appeals Galaxy Nexus sales ban

updated 09:24 am EDT, Mon July 2, 2012

Court asked to delay injunction pending appeal

Samsung has quickly responded to a recent loss in an ongoing legal battle with Apple, filing a notice of appeal in an attempt to delay an injunction against the Galaxy Nexus. The Korean handset maker has asked a California court to stall the sales ban until the appeal process has come to an end, or until the Court of Appeals has established its own preliminary ruling.

As a basis for the appeal, attorneys representing Samsung argue that Apple failed to provide sufficient evidence that the Galaxy Nexus caused "irreparable harm" in the form of market share lost to Samsung. The filing also suggests that such market share losses "must be substantial" and directly caused by the infringing feature, rather than the product as a whole.

The injunction centers around an Apple patent that covers "unified search" technology, which Samsung is accused of infringing upon with its search feature for the Galaxy Nexus. Northern District of California Judge Lucy Koh agreed that Apple had presented a "plausible theory" of irreparable harm and long-term loss of market share from the alleged infringement.

Aside from the arguments over the potential sales impact, Samsung also suggests that Siri is a "different feature than the unified search" described in the patent. Keeping with the arguments from the initial case, Samsung maintains that Apple's patent is invalid and improperly interpreted in the claims against the Galaxy Nexus.

It remains unclear if the court will agree to stay the injunction. As noted by legal blogger Florian Mueller, it is unlikely that Judge Koh will agree to delay the sales ban until the end of the appeal process, though she may stay the injunction until the Court of Appeals has a chance to hear the arguments.

The case is one of several legal disputes that Apple and Samsung continue to fight around the globe. The outcome to the Galaxy Nexus case is viewed as significant, as it may streamline follow-up lawsuits that focus on the same search functionality that Samsung uses in the Galaxy S III and Galaxy tablets.

by MacNN Staff



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