“As Samsung Electronics Co.’s legal battle against Apple Inc. escalates, the South Korean technology giant said Monday it had appealed a U.S. court’s preliminary injunction against the sale of its Galaxy Nexus phones in the country, a decision that granted Apple’s request,” MarketWatch reports.
“In a widely expected response to a potential setback in one of its largest markets, Samsung, the world’s biggest smartphone seller by sales volume, said Monday it filed a motion on Sunday to appeal the court’s recent decision, seeking to suspend the injunction,” MarketWatch reports. “Samsung’s motion to the U.S. district court said: ‘Mere loss of sales cannot justify an injunction; instead, irreparable harm in the form of lost market share must be shown.'”
MarketWatch reports, “An Apple spokeswoman reiterated the company’s earlier statement that Samsung had copied its products and that the iPhone maker will continue to protect its technology.”
Read more in the full article here.
MacDailyNews Take: May Samsung’s appeal fail at least as spectacularly as their argument.
Related articles:
Android devices have already been found to infringe 11 valid Apple and Microsoft patents – July 1, 2012
Judge Koh deals next blow to Samsung, denies all 12 of its summary judgment requests – July 1, 2012
Apple wins U.S. preliminary injunction against the Samsung/Google Galaxy Nexus over Siri patent – June 29, 2012
Apple posts $2.6 million bond to ban Samsung Galaxy Tab 10.1 – June 28, 2012
Samsung likely to appeal U.S. Galaxy Tab 10.1 sales ban; claims ‘design innovation and progress restricted’ – June 27, 2012
Apple wins preliminary injunction against Samsung Galaxy Tab 10.1 tablet – June 26, 2012
Düsseldorf court denies preliminary injunction against Galaxy Tab 10.1N: Design-around pays off for Samsung – February 9, 2012
Apple loses bid to get preliminary ban on Samsung Galaxy Tab 10.1N, Nexus Phone in Germany – February 1, 2012
German court leans toward letting Samsung distribute Galaxy Tab 10.1 N – December 22, 2011
Apple petitions German court to ban a fourth Samsung Galaxy Tab: The 10.1N model – November 29, 2011
Samsung relaunches modified Galaxy Tab 10.1 in Germany – November 16, 2011
Samsung appeals Galaxy Tab 10.1 ban in German court – September 13, 2011
German court upholds Apple complaint: Bans Samsung Galaxy Tab from sale in Europe’s largest market – September 9, 2011
looking at the current MDN articles near the top of the page…. Android is about to get shafted. Hard.
Someone pointed out earlier that samsungs argument sounds a lot like this metaphor-
If caught driving suspected under the influence- an innocent plea would be saying “I wasn’t drunk”. Their argument is more akin to “sure I was drinking but I’m not too drunk to drive”
They’re basically admitting being guilty of IP infringement.
“Have you been drinking?”
“Yes, I was too drunk to walk.”
This motion would seem to recognize that Samsung copied Apple but that Apple is so successful that it cannot be harmed — not exactly a great argument.
Samsung: “After shooting Apple in the chest during our robbery, mere compromising of cardiopulmonary function is not enough to justify our incarceration; Apple must show they have suffered irreparable harm to their health.”
(Dipshits)
‘Mere loss of sales cannot justify an injunction; instead, irreparable harm in the form of lost market share must be shown.’
OK, so when does Apple *EVER* get those sales back?
Shamsting continues their disingenuous Nathan Thurm defense. They miss the point entirely. It’s not about irreparable harm or loss of sales to Apple, it’s about COPYING Apple’s devices verbatim. Shamsucks mantra: “Believe what we tell you, not what your eyes can see”
Not only is Samsung inadvertently admitting guilt but wanting the legal system to dismiss their crime.