Just days after Apple was awarded a US sales ban on the Samsung Galaxy Nexus, Samsung has revealed it is to appeal the decision stating Apple can’t prove any potential patent infringements are damaging its market share.
The latest twist in the longstanding Apple vs. Samsung patent disputes, Apple was last week awarded a temporary injunction against the Android 4.0 Ice Cream Sandwich launching Galaxy Nexus handset in the US with an American judge ruling the Samsung manufactured device infringed on an Apple held patent.
With the ban to come into effect once Apple had posted a bond of $96 million (£61.2m), Samsung has appealed the ruling on seven grounds, attempting to rubbish claims its soon to be Android 4.1 Jelly Bean filled handset unlawfully infringed on Apple patent no. 8,086,604, an intellectual property right that covers a device’s ability to carry out multiple source searches through a single interface.
The original ruling, which came after months of legal back-and-forths, was made on the fifth birthday of the original Apple iPhone by US Judge Lucy Koh with Apple stating it would push to have the ban rolled out across a further 24 Samsung handsets including the recently released Samsung Galaxy S3.
"Although Samsung will necessarily be harmed by being forced to withdraw its product from the market before the merits can be determined after a full trial, the harm faced by Apple absent an injunction is greater,” Judge Koh said in her ruling. "Apple's interest in enforcing its patent rights is particularly strong because it has presented a strong case on the merits."
Hitting out at the sales ban Samsung last week declared it was “disappointed” with the court’s decision stating the injunction will “restrict U.S. consumer choice in the smartphone market.”
An official spokesperson for the Korean manufacturer added: "We will take all available measures, including legal action, to ensure the Galaxy Nexus remains available to consumers."
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