In an obvious and expected move, Samsung has filed an appeal against the preliminary ban granted on the Galaxy Nexus. The injunction, which was granted to Apple last week temporarily prohibits Google from selling the Galaxy Nexus inside the US. Samsung’s appeal argues that the ban is “inconsistent with the Federal Circuit’s directive that market share losses must be substantial.” As Foss Patent points out, Samsung is attempting to raise the standard for harm Apple must prove, which includes having Apple show their losses are “substantial” in the absence of the injunction. Furthermore, Samsung insists that the “substantial loss must be attributable to the ‘infringing feature,’ not just the presence of the infringing product on the market.”
It seems likely that Apple will have a hard time proving that they are suffering “substantial losses” from the presence of the Galaxy Nexus or the infringing feature. What is typical in these cases, when a company is found to violate a patent, they are allowed to continue selling the product under “fair, reasonable and non-discriminatory terms (FRAND), which is a legal obligation and law enforced by the US government while the legal battle plays out.
It’s definitely shaping up to a fun show once again between Apple and Samsung.