US court refuses to stay injunction on Samsung Galaxy Nexus smartphone

The court had on Monday declined to stay a preliminary injunction on Galaxy Tab 10.1

A court in California denied Samsung on Tuesday a stay on a preliminary injunction against sales in the U.S. of Samsung's Galaxy Nexus smartphone running Android, a day after the same court refused to stay a similar injunction against the sale of Samsung's tablet, the Galaxy Tab 10.1.

Samsung had filed a motion seeking to stay and suspend the preliminary injunction pending an appeal to the U.S. Court of Appeals for the Federal Circuit, or, alternatively pending a decision by the Federal Circuit on stay pending appeal.

"Although some consumers may be disappointed that they cannot purchase the Galaxy Nexus, the Galaxy Nexus, as Samsung itself has repeatedly insisted, is not Samsung's only smartphone product on the market," Judge Lucy H. Koh of the U.S. District Court for the Northern District of California, San Jose Division wrote in her 18-page order.

Samsung had argued that enjoining sales of the Galaxy Nexus will harm certain techie consumers who value the pure Android operating system offered in the Galaxy Nexus, and who will be unable to find any close substitute within the same price point as the Galaxy Nexus, according to the order.

The company said in a statement that it is disappointed as the court's ruling will restrict the choice of American consumers in the smartphone market. The company said it was currently working closely with Google to resolve the matter, as the patent in question concerns Google's unified search function. It added that it will continue to take all available measures, including legal action, to ensure that the Galaxy Nexus remains available to consumers.

Judge Koh issued an order on Friday enjoining Samsung and U.S. subsidiaries from importing and selling in the U.S. the "Galaxy Nexus smartphone and any product that is no more than colorably different from the specified product and infringes U.S. Patent No. 8,086,604."

The patent, assigned to Apple, relates to an universal interface for the retrieval of information in a computer system.

Apple's complaint asserts a total of eight patents and identifies seventeen accused products, but it moved for a preliminary injunction only against the Galaxy Nexus smartphone, and on the basis of four patents, including the '604. The Judge said that Apple had shown that irreparable harm will be attributable to Samsung's alleged infringement of the '604 patent, though it had not shown the same with respect to Samsung's alleged infringement of the other three patents.

As a condition of the preliminary injunction, the court ordered plaintiff Apple to post a bond of US$95.6 million to secure payment of any damages sustained by Samsung if it is later found to have been wrongfully enjoined. Apple said in a filing Tuesday that it had posted the bond. The court had ordered Apple not to post the bond before it ruled on Samsung's motion to stay.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?