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Samsung Files Appeal in Nexus Injunction Ruling

Samsung Galaxy Nexus appeal

Samsung has filed an appeal to the injunction Apple won on Friday against the sales of the Galaxy Nexus.

In a totally unsurprising move, Samsung has filed an appeal to Friday’s ruling from Judge Lucy Koh that saw a preliminary injunction being leveled at the Galaxy Nexus handset.  According to the original ruling, Apple would have to post a $96 million dollar bond, and once it did so sales of the Galaxy Nexus would be halted while the case went to trial.  Should Samsung win the case it would receive the bond to make up for lost sales.

According to Foss Patents, Samsung did indeed file an appeal today against the ruling today.  While it lists many reasons as to why the ruling was error, the number one issue with the injunction according to them was:

The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors

We aren’t quite sure how they couldn’t be viewed as competitors, but Samsung seems to think that they aren’t.  This doesn’t say who is right or wrong in this case, but that does seem like a rather odd statement to be your first issue with the ruling.  According to the synopsis from Foss Patents it really is about how Apple can’t prove any loss of market share due to the Galaxy Nexus specifically.

This is sure to drag out for some time now, but rest assured that for now you can still pick up a Galaxy Nexus.

[via Foss Patents]


Sean P. Aune

Sean P. Aune has been a professional technology blogger since July 2007, but his love of tech dates back to at least 1976 when his parents bought...

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