Samsung fights back appeals ban of Galaxy Nexus
I’m sure everyone is aware that Apple has had the Samsung Galaxy Nexus smartphone banned in the United States, with Judge Lucy Koh issuing a preliminary injunction against the selling of the Galaxy Nexus on Friday that basically blocks the import of the Galaxy Nexus until the trial begins, which is scheduled for the 31st of March 2014.
However, Samsung isn’t one for simply giving up the fight, and as such according to an article over on The Inquirer, Samsung has now filed an appeal against the US ban that could see the Galaxy Nexus remaining off US shelves for two years.
Apple does have to post a $95.6 million bond that would cover Sammy losses if the ban was wrongly placed, but that wont really help Samsung if the Samsung Galaxy Nexus is banned for nearly two years, as by then the technology would undoubtedly have moved on.
As old Sammy wants to appeal the ban, they have also requested, according to the filing, a stay of the injunction due to the company having a strong likelihood of winning the appeal, and at a minimum has a substantial case on merits.
The filing also states…”Samsung respectfully submits that [the] status quo should remain in place pending the Federal Circuit’s expeditious resolution of the pending appeal so that Samsung, its customers, and the public may avoid substantial disruption and irreparable harm that cannot be adequately repaired in the event the injunction is ultimately reversed. On the other side of the coin, continued, incremental sales of the Galaxy Nexus during an expedited appeal pose minimal harm to Apple. Thus, the equities tip sharply in favour of an interim stay.”
However, and probably as expected, Apple disagrees with Samsung’s take on the matter, and as such has filed to ask that the stay on the Samsung Galaxy Nexus ban not be granted by the court…”In an extraordinarily comprehensive opinion, this Court concluded that the Galaxy Nexus likely infringed all four of Apple’s patents at issue, and that all four of those patents were likely valid. This Court further found, based on overwhelming evidence including Samsung’s own documents, that preliminary relief is necessary because continued sales of the Galaxy Nexus would immediately and irreparably harm Apple.”
So that’s the latest in the ongoing battle between Samsung and Apple, and no doubt this fighting will continue for quite some time yet. Almost two-years does seem a bit long to have the Galaxy Nexus banned in the US before a trial can decide whether the device should have been banned or not in the first place, and perhaps the court should either consider bringing the hearing forward or lifting the ban.
What do our readers think about all this, should Samsung be allowed to offer the Galaxy Nexus in the US up until the trial date. Or do you believe Apple is right, and the Galaxy Nexus ban should remain in place?