Samsung Appeals Galaxy Nexus Ban, Wants To Stay Injunction For Length Of Appeal

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.

DroidDog via Foss Patents

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  • LeeArtis

    I think that WW3 will be fought in the courtroom. Google needs to put litigation in Apple’s life. Such should be with the obvious threat that the late great Steve ‘blow’ Jobs made against Android.

  • http://twitter.com/fightcrazy Vinny

    I think it is about time that Google gets involved. Maybe if the big dog on the block got involved this would stop these harassing law suites. Apple’s numbers have slowed way down and innovation is gone. Their address has become the court room stairs, maybe if they spent more money on innovation instead of litigation they would have a better product. The I-Phone is boring, locked down and people are getting sick and tired of this bull shit. Even my little sister has stopped using the I-Phone, her comment to me was very funny, she said “the I-Phone is the past, Android is where it’s at”

    • Teks

      What? your little sister? Naw. No way teens let the iphone out of their grasp.

  • Elpapipr

    Samsung+1

  • Enoel69

    All these silly nonsensical patents are just an excuse for some of these companies who have lost their innovative abilities prevent the sale of the competitions products and also for patent trolls to rake in millions of dollar. It is shameful ..No PATENTS SHOULD BE GIVING FOR THINGS LIKE…Swipe, tap, double tap, pinch, pinch to zoom, slide, slide to unlock etc when it comes to interacting with touch screen device like Phones, Phablets, Tablets etc. All these moves are necessary for the operation of a touch screen device and shouldn’t be the sole property of any Company. Discover or invent something new and then ask for a patent..even then it should be put under scrutiny for its merit.

  • Legione13

    I ordered the Galaxy Nexus on the Google site this weekend, after hearing about the injunction.  That said, I haven’t received a tracking number yet, and I’m wondering if I can even expect the phone to ship. 

    People who ordered the Galaxy Nexus from Google; how long after you ordered did it ship? 

  • Relikk356

    I literally ordered my Nexus the day before this happened. I get it today via UPS. For all those worried though, the rumors I’ve seen is that the product is still shipping anyway. So hopefully you still get yours.

    • Legione13

      Okay, that should mean I’ll have mine later this week. If this injunction goes through, and Google stops selling, I wonder if there will be any impact on the price of these on eBay and Craigslist.  

    • Kenny O

      Yep, I ordered mine the day the news about the injunction broke. According to UPS it arrives tomorrow. 

  • Bgbagz

    Have no fear…. Samsung III Is here

  • Mjs32481

    i ordered mine today and its coming…i believe that they can sell the ones they still have in stock but they will cease to sell them when they run out of current inventory if the ban is upheld