Samsung Fights Back Against Apple The Only Way it Can: Appeals the Galaxy Nexus Ban
Late Friday it was announced that Apple had won their injunction to ban sales of the Samsung Galaxy Nexus in the United States. Apple filed an injunction to ban sales of the device claiming that it infringed on their “Siri patent”, which is a patent on unified search. Of course, Samsung appealed this decision this morning, and moved to stay the injunction.
Samsung's primary argument is that the ban is "inconsistent with the Federal Circuit's directive that market share losses must be substantial," and, as Foss Patents puts it, "attributable to the 'infringing feature,' not just the presence of the infringing product on the market." Samsung probably has a strong case for appeal, and at least can make a good argument for the court to stay the injunction while it is decided on appeal. However, if this injunction ends up standing, then Samsung (or Google) may have to create a software workaround to fix the infringement issue.
Source: GalaxyNexusForum via Foss Patents
