Samsung Galaxy Nexus expedite appeal win against Apple
As you probably know, Apple managed to gain a preliminary injunction against the sale of the Samsung Galaxy Nexus in the USA, and old Sammy naturally appealed that ban, and managed to get a temporary stay, along with filing a request to expedite that appeal. And as such the US Court of Appeals has now granted Samsung’s request.
According to the guys over at Electronista, Samsung now has until today, the 16th of July, to file their court brief to kick off the process, whilst Apple has until the 30th of this month to reply to Samsung’s filing, and final comments are due to be in by the 6th of August.
Furthermore, as you are probably aware, Samsung requested a temporary stay of the ban on sales of the Samsung Galaxy Nexus, and Apple has now responded to that temporary stay, and that response was accepted by the court on time, and the court will consider Apple’s reply.
Apple claims harm not only to itself but also to other 3rd parties, whilst Samsung took issue with Apple directly contacting vendors offering Samsung enjoined products, with Apple seizing upon that in their response saying, “[the company’s] letter shows nothing beyond the entirely predictable consequence of Samsung’s infringement — i.e., the infringing products must be taken off of the market. It is not a legally cognizable harm to halt downstream sales of stolen, pirated, counterfeit, or infringing products.”
When Apple submitted their filing, the court also accepted friend of the court briefs from both Google and Sprint in support of Samsung, and of course Apple objected to those briefs stating that Google is not a 3rd party, as Google co-developed the Samsung Galaxy Nexus, and as such Apple accuses Google of trying to hide their relationship with Samsung.
No doubt there is still a way to go in this latest fight between Samsung and Apple, but hopefully customers will still be able to purchase the Galaxy Nexus whilst the courts come to their decision on the matter, although that is probably unlikely to happen before 2014.