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Galaxy Nexus sales ban appealed, Samsung wants to stay the injunction

July 2, 2012

A few days ago, U.S. District Court Judge Lucy Koh issued a verdict favorable to Apple in its U.S. patent-based lawsuit against Samsung – the second one in just a few days – granting the iPhone maker a sales ban – again, the second one in just a few days.

Just as expected, Samsung has appealed the decision asking the judge to stay the Galaxy Nexus injunction for the duration of the appeal or until a Federal Circuit judge decides on a possible stay. Samsung made the same demands in another appeal in the second injunction received earlier last week – this one targeting U.S. Galaxy Tab 10.1 sales.

Samsung is arguing in its Galaxy Nexus sales ban appeal that there isn’t enough evidence to prove that “Apple will suffer irreparable harm” and that the “Court’s order is inconsistent with the Federal Circuit’s directive that market share losses must be substantial.”

When awarding Apple this Galaxy Nexus injunction last week, Judge Koh motivated her decision by saying:

Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products.

Foss Patents reveals that Samsung’s legal counsel made several other points related to some of the patents used by Apple to convince the court to award a sales ban against Galaxy Nexus sales in the USA. One of the patents that helped Apple obtain this new win against Samsung is related to “unified search,” a technology that the Galaxy Nexus’ search feature is allegedly infringing. But it’s also related to Siri, Apple’s virtual assistant, which Samsung sees as a different feature, not necessarily related to “unified search.”

It will definitely be interesting to see whether Samsung will prevail in either of these injunction appeals, and we’re going to keep you updated on the progress on this American Apple vs Samsung legal battle – the two companies are suing and countersuing each other in ten countries, in over 30 distinct legal battles.