This weekend there was a bit of bad news for Samsung in USA, as their Galaxy Nexus handset was found guilty of patent infringements related to Apple and was banned temporarily. The injunction is now being contested by Samsung, who filed an appeal on the measures taken by authorities.
Judge Lucy Koh granted Apple an injunction against the first Android 4.0 handset, that infringes two patents belonging to Apple. The problem is that Samsung Galaxy S III also uses the same patents, so it could go under fire soon. Samsung listed a bunch of arguments in the filing, such as “legally insufficient evidence that Samsung and Apple are competitors”. Sammy is trying to prove the court that they’re not Apple competitors, that sounds very funny to me. Their real purpose is showing that Apple did not lose market share in their favour.
Also, the Asian company says that the court’s order is inconsistent with the directive given out by the Federal Circuit, saying that market share losses must be substantial. So basically unless Apple can prove it was harmed by Samsung’s infringing product, they have no grounds. The 604 patent is mentioned among the troublemakers, related to unified search and Siri. Samsung says that Siri is a different feature than the unified search covered by the 604 patent, so they have no business using that in court.
Samsung may get a delay of the injunction at best right now…
