Samsung appeals Apple's injunction against Galaxy Nexus

Handset maker seeks stay of order that would ban sales of the phone, saying the order is "inconsistent" with court directives regarding market-share losses.

As expected, Samsung filed a motion today to appeal a preliminary injunction granted to Apple last week against its Galaxy Nexus phone.

The motion, filed with the Court of Appeals for the Federal Circuit, seeks a stay of the injunction for the duration of the appeal.

U.S. District Judge Lucy Koh ordered the preliminary injunction on Friday, granting a motion Apple made in February that alleged Samsung infringed on several of its patents. The injunction, which would keep the Samsung device from being sold in stores in the U.S., can go into effect as soon as Apple posts a bond of nearly $96 million.

"The Court's finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors," Samsung said in its motion to stay the injunction, according to a Foss Patents report. "The Court's order is inconsistent with the Federal Circuit's directive that market share losses must be substantial."

CNET has contacted Apple for comment and will update this report when we learn more.

Google began selling Samsung's Galaxy Nexus directly to consumers in April. The device, which now costs $349, originally debuted at a Google-hosted event last October in hand with Android 4.0, code-named Ice Cream Sandwich.

Friday's injunction was the second legal win for Apple against Samsung in less than a week. The Cupertino, Calif., iPhone maker was awarded a preliminary injunction against Samsung's Galaxy Tab 10.1 tablet, a ruling that also came from Koh. Apple quickly followed through with a $2.6 million bond to back any potential damages if the decision is reversed, but there will be an additional hearing before that goes into effect.

 

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