Samsung Appeals Galaxy Nexus Ban, Wants A Fair Fight

As expected, Samsung filed an appeal against the preliminary ban of the Galaxy Nexus today. The injunction, which was granted to Apple last week temporarily prohibits the sale of all Galaxy Nexus handsets in the United States. Along with the appeal, Samsung is arguing that the ban is “inconsistent with the Federal Circuit’s directive that market share losses must be substantial.” As Foss Patents writes, the ordeal is “attributable to the ‘infringing feature,’ not just the presence of the infringing product on the market.” Essentially, the case is a “big deal” because the product isn’t infringing Apple’s patent, rather a single feature is. Usually, when a company is found in violation of a patent, they are allowed to continue selling the product under fair, reasonable, and non-discriminatory terms (FRAND), which is a legal obligation and law enforced by the United States government.

This isn’t the first time Samsung has had to head down this road. Just last week, the same court stopped sales of the company’s Galaxy Tab 10.1 for which Samsung also submitted a lengthy appeal.

Foss Patents

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