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Monday, 02 July 2012 12:55

Samsung appeals Galaxy Nexus ban

Written by Nedim Hadzic

samsung logoapple

Looks to stay the injunction

Quite expectedly, the legal battle between Apple and Samsung is far from over, despite fruit themed toymaker Apple winning the last round. Apple has won an injunction against Samsung's Galaxy Nexus but Samsung filed a motion to stay the injunction over the course of the appeal.

Samsung argues in its case that the Court based its decision on "legally insuficient evidence" that Samsung and Apple are competitors. The company claims the order does not comply with Federal Circuit's directive, whereby the said loss of market share would have to be "substantial". Additionally, Samsung maintains that such a loss would have to be attributable to the infringing feature, rather than mere presence of a product on the market. 

Samsung claims that the Court's "causation as to the 604 patent" was at least questionable, insisting that Siri is a different feature than the "unified search covered by the 604 patent". Samsung is apparently narrowing the scope of the patent, similarly to how some Apple's patents were handled earlier.

It is said that the judge will not stay the injunction for the entire duration of the appeal, but that she may do so until the Federal Circuit decides whether to stay it.

More here, via Engadget

Last modified on Monday, 02 July 2012 14:45

Nedim Hadzic

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