Samsung was not just going to sit down quietly when Apple got the court to order a ban on it’s Galaxy Phone. It has now filed a motion to seek a stay of order to prevent the Galaxy Nexus from getting banned in the U.S.
The motions has been filed with the Court of Appeals for the Federal Circuit and seeks to get a stay on the Apple’s injunction until the final verdict is not announced.
Apple had originally filed the motion back in February against Samsung charging it for having infringed several of Apple’s patents. The preliminary injunction order was granted by U.S. District Judge Lucy Koh last week, according to which Apple had to post a bond for nearly $96 million order after which Samsung would be banned from selling it’s Galaxy Nexus device in the U.S.
Samsung’s argument is that Apple and Samsung are not competitors and hence the ruling which was based on the the argument that Apple would suffer irreparable losses if the Galaxy Nexus would go on sale, should be withdrawn.
“The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors,”, said Samsung. “The Court’s order is inconsistent with the Federal Circuit’s directive that market share losses must be substantial.”
The Samsung Galaxy Nexus is the company’s flagship smartphone since it will be the first and initially, only phone that will be available with Android version 4.1 Jelly Bean operating system. The Nexus device, which originally debuted last year with Android 4.0 Ice Cream Sandwich, will be available from April onwards, upgraded with Jelly Bean, for a price of $349.
Earlier lat week, Apple had won another preliminary injunction against the sale Samsung Galaxy Tab 10.1 in the U.S. for which to take action, Apple posted a bond of $2.6 million.