Samsung has one last try at stopping US Galaxy Nexus block

This case has rumbled on, but it appears Samsung is in the patents equivalent of the last chance saloon as they attempt to overturn the banning of their Galaxy Nexus model in the United States following Apple’s court victories last week.

It’s not been a particularly good week for Samsung’s revenue streams, and one wouldn’t expect US District Judge Lucy Koh to be on the Korean manufacturer’s Christmas card list soon.

Having already ruled pre-trial that the Samsung Galaxy Tab 10.1 would not be sold in the US because of patent infringement, last week Judge Koh decreed that the Galaxy Nexus would suffer a similar fate, saying in her ruling that Apple was “likely to lose substantial market share in the smartphone market”.

Unsurprisingly, Samsung has exercised their right to appeal in the courts at Washington, primarily going on what Foss Patents reported as “saying that Apple cannot prove a loss of market share”.

Apple has had to post a bond of $95.6 million (£60.9m) in case it was later revealed Samsung was wrongfully enjoined.

According to Foss Patents blogger Florian Mueller: “There’s no question that Apple will post this bond in no time, and that Samsung will appeal and move for a stay”.

This follows the $2.6m bond made following the Galaxy Tab 10.1 case, with Judge Koh stating at the time that Samsung “does not have a right to compete unfairly by flooding the market with infringing products”.

The war is far from over yet, but the last act in this case is imminent.

Does this leave the path clear for Apple? For the near future, or at least for this year’s ever-lucrative Christmas market, yes.

Samsung won’t be selling either product in America until next year at the earliest if they win - although the stay will keep their smartphone on the shelves indefinitely - and RIM has dropped off the radar following their quarterly results published last week.

There is a growing school of thought which states that with Apple aggressively forcing the patent laws on competitors, not only does it reflect upon the spurious nature of patenting – and perhaps be outdated in today’s climate – but it would also give the consumer less choice and in the long run worse products.

Does competition still increase the quality of output? What do you think Samsung’s next step should be if they don’t get the injunction overturned? Will Apple target the Galaxy S III next?

UPDATE July 3: Samsung's appeal for the Galaxy Tab was thrown out earlier today, with Judge Koh yet to rule on their appeal for the Galaxy Nexus. Samsung said in a statement it was disappointed, adding: "We believe today's ruling will ultimately reduce the availability of superior technological features to customers in the US".

 

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