Samsung Galaxy Nexus Sales Still Not Banned

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Samsung Galaxy Nexus As the Apple v. Samsung case continues to move forward, Samsung scored a small victory this week by continuing to escape a sales ban on its  Galaxy Nexus smartphone. On Monday, the United States Court of Appeals for the Federal Circuit ruled in favor of Samsung by extending the suspension of the preliminary injunction that would have blocked sales of the Galaxy Nexus.

The injunction was originally placed on July 1, after U.S. District Judge Lucy Koh ruled in favor of Apple’s request based on the claims that the Galaxy Nexus infringed on several Apple patents. From there, Samsung attempted to appeal the ruling, but Judge Koh denied the request for a temporary lift on the ban, while Apple posted a $95.6 million bond required for the ban (covers losses to Samsung should the final ruling be in their favor).

On Monday, Samsung bypassed Koh, heading directly to the U.S. Court of Appeals for the Federal Circuit. The appeals court granted a temporary stay on the Nexus ban until August 20, when a hearing will take place so the court can make a final decision on Samsung’s appeal.

While the Court did not indicate how long after the hearing it would make its decision, it’s likely that the court will wait until it feels it has enough information and has given the matter ample thought. While this decision is certainly favorable to Samsung, it also remains true that the onus could now fall on the company to further prove its case; Florian Muller from ‘Foss Patents‘ explains:

“Since the appeal can be adjudicated any time after the August 20 hearing, it would make sense to just stay the injunction for the remainder of the appeals process given that a disruption of its sales is clearly more harmful to Samsung than an extended stay is to Apple. If the court needs more information to decide on the motion to stay, Samsung must make some more headway to prevail on its appeal.”

With the Apple and Samsung case still raging on in Judge Koh’s courtroom, it’s important to understand that the current trial is a completely separate case from the Nexus sales ban injection. Any action or ruling in one case shouldn’t affect the other. However, what we have seen so far from the Nexus ban, may prove as a prelude, foreshadowing the fierce legal battle yet to come.

In the mean time, the Galaxy Nexus is still available from Verizon, Sprint, and directly from Google itself. And an an upgrade to Android 4.1 (Jelly Bean) is in the process of going out to all versions of this device.

Be sure to read Brighthand’s review of the Samsung Galaxy Nexus.




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