Sunday, July 01, 2012

Samsung files appeal against Galaxy Nexus sales ban

As expected, Samsung filed a motion of appeal on Sunday against a preliminary injunction granted to Apple on Friday against the Korean giant's Galaxy Nexus smartphone.

U.S. District Court judge Lucy Koh ordered the preliminary injunction on Friday, just days after a similar preliminary injunction against the Samsung Galaxy Tab 10.1 tablet. The big difference for Samsung - and Google - is that while the Galaxy Tab 10.1 is obsolete, the Galaxy Nexus is not, and was even given out to attendees at Google I/O 2012 as part of their "gift bag."

The Galaxy Nexus is also Google's current "developer phone" for Android.

The injunction can go into effect as soon as Apple posts a bond of nearly $96 million, necessary to protect Samsung in case the injunction is eventually ruled invalid. It would keep the Galaxy Nexus from being sold in U.S. stores.

In its appeal filing and request for a stay, Samsung said,

"The Court's finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors. The Court's order is inconsistent with the Federal Circuit's directive that market share losses must be substantial."

To laypeople such as ourselves, that statement that there is legally insufficient evidence that the two feuding firms are rivals is confusing. Of course, we are not lawyers.

Still, if it sounds familiar, it should. Samsung used the same argument in its appeal against the ban on the Galaxy Tab 10.1. While the Galaxy Tab 10.1 has been no threat to the iPad, the Galaxy Nexus may be a different story.

Certainly, the Samsung Galaxy S III is a definite threat to the iPhone 4S: the company said it expects to sell 10 million of them by the end of July, with only about two months on the market.

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