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Samsung Galaxy Nexus

Late on Friday, a U.S. judge granted Apple a preliminary injunction against the Samsung Galaxy Nexus. Fast-forward 48 hours, and now it's been revealed that Samsung has appealed the ban. Samsung is also asking that the Galaxy Nexus injunction be stayed for the entirety of its appeal, or at least until the Federal Circuit can weigh in on a potential stay. The appeal contains several arguments from Samsung, including claims that Apple can't prove that it'll lose market share to Samsung and that not only is the ban "inconsistent" with the mandate that the market share losses incurred without an injunction must be substantial, but also that the losses must be caused by the actual "infringing feature" and not just the presence of the device it's on.

It doesn't come as much of a surprise that Samsung has decided to appeal the injunction against the Galaxy Nexus. While the Galaxy S III may be claiming quite a bit of Samsung's spotlight as of late, the Galaxy Nexus is still an important device, especially after Google I/O and the introduction of Android 4.1. As for whether or not Samsung's arguments will indeed win it a stay on the injunction, Florian Mueller of FOSS Patents suggests that although Judge Lucy Koh is unlikely to stay it for the entirety of the appeal, she might decide that a stay that lasts until the Federal Circuit makes a decision of its own is appropriate. Stay tuned for more details as we get them.

Via FOSS Patents


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