South Korea-based Samsung today filed a motion today to appeal a preliminary injunction from the United States District Court Judge Lucy Koh from last Friday, concerning its Galaxy Nexus smartphone.
CNET reports that Samsung wrote in court documents that the order is “inconsistent” with directives regarding share losses…
CNET’s Steven Musil writes:
The motion, filed with the Court of Appeals for the Federal Circuit, seeks a stay of the injunction for the duration of the appeal.
According to FOSS Patents, Samsung argued in its filing:
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.
The Galaxy Nexus was released late last fall as a Google-designed, Samsung-produced flagship Android handset. As such, it offers so-called pure Google experience free of carrier junkware and OEM skinning. It’s also the first Android device confirmed to receive an Android 4.1 Jelly Bean update next month.
Apple’s injunction could go into effect when Apple posts a whopping $96 million bond to cover cover the losses from the sales ban should Samsung win the case. While Google and Samsung won’t lose much in terms of sales if the ban prevails, the decision is going be a PR blow for the Android camp and Apple may use it as a leverage in its ongoing disputes with Samsung, Motorola, HTC filed in courts around the world.
According to patent expert Florian Müeller, Android devices have already been found to infringe 11 valid Apple and Microsoft patents.
It looks like the plot is thickening for the Android camp concerning IP issues.
What do you think, will the judge uphold the injunction?