Samsung has sought to appeal the sales ban on the Samsung Galaxy Nexus in the US awarded to Apple for patent infringements.
The injunction which was ordered just last Friday was granted to Apple by Judge Lucy Koh, who has presided over a number of Apple/Samsung legal altercations and follows on from a previous US specific case which was granted against Samsung’s Galaxy Tab 10.1.
FOSSPatents who follow the legal battles closely quote Samsung’s statement, saying, “The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors.” Samsung says Apple can’t prove a loss of market share.
The company will also have to deal with issues surrounding comparisons drawn between Siri and Android’s Unified Search feature, which appears on the Nexus (and the S3).
Samsung appears to be rehashing existing arguments used on previous cases, although with the number of legal battles the two companies have had to face against each other, it’s unsurprising that repetition has started to take hold during proceedings. Where Samsung has to be most careful right now is that the injunctions filed by Apple against its Galaxy Nexus are transferable to the Samsung Galaxy S3; the company’s latest and greatest handset.
Judge Koh doesn’t expect Apple’s injunction to remain during the course of Samsung’s appeal, but it might cause disruption to the company’s sales of a handset that has found itself in the spotlight once again, after finding pride of place as the first phone slated to receive the forthcoming Android 4.1 Jelly Bean update.