Late last week Apple was granted a preliminary injunction against the Samsung Galaxy Nexus smartphone and as we expected, Samsung has appealed the judge’s decision. Samsung are also asking for the sales injunction to be withheld until the appeal is heard.
The appeal from the Korean electronics giant contains arguments such as Apple can’t prove that it’ll lose market share to Samsung. Also they are arguing that the ban is “inconsistent” with the court’s mandate that market share losses must be substantial. Apple must further prove how the infringing features on the Galaxy Nexus are causing damage to their own sales figures, and not just the phone in question.
However, the outcome of this case may be completely pointless unless Apple can prove sales of their own devices have been severely impacted by the patent infringing feature of the Galaxy Nexus. Samsung will be able to continue selling the Nexus under fair, reasonable, and non-discriminatory terms.
KitGuru says: The winner and outcome of this case is anyone’s guess right now.