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Samsung wins expedited Galaxy Nexus injunction hearing

updated 10:10 pm EDT, Fri July 13, 2012

Apple response terse, groups Samsung with pirates, counterfeiters

Samsung's request to expedite its appeal of the preliminary injunction against the Galaxy Nexus phone has been granted in the US Court of Appeals. Samsung has until July 16 to file its court brief starting the process. Apple has until July 30 to respond to Samsung's filing, with final comments due on August 6. Additionally, Apple's response to the temporary stay on the sales injunction of the Galaxy Nexus was accepted by the court on time, and will be considered.

Apple takes Samsing to task for claiming harm to third parties other than itself, which is irrelevant when considering a product injunction. Samsung took issue with Apple's directly contacting vendors selling Samsing enjoined products, and Apple seized upon that fact in response, saying that "[the company's] letter shows nothing beyond the entirely predictable consequence of Samsung's infringement -- i.e., the infringing products must be taken off of the market. It is not a legally cognizable harm to halt downstream sales of stolen, pirated, counterfeit, or infringing products."

At the same time as Apple's filing, the court accepted Sprint and Google's amicus curiae (friend of the court) briefs in support of Samsung. Apple objected to the "friend of the court" claim, pointing out that Google is hardly a third party, considering that it co-developed the Galaxy Nexus, and accused Google of attempting to conceal its relationship with Samsung.

Apple's suit began against Samsung last year for violation of several patents in the Korean manufacturer's Android devices. Apple won a temporary restraining order against Samsung on the Galaxy Tab 10.1 and Galaxy Nexus, but the sales ban on the Nexus has been stayed for the time being. The intellectual property case involving the Galaxy Nexus isn't firmly scheduled, but is unlikely to take place before 2014.






By Electronista Staff
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  1. chabig

    Addicted to MacNN

    Joined: 06-16-99

    If third parties were allowed to continue selling injuncted products, any company facing an imminent injunction could sell their inventory to third parties, who would continue to sell the devices after the injection was put in place.

  1. And.reg

    Mac Elite

    Joined: 02-22-04

    Greetings. I am unable to delete my posts, and apparently you moderators are on some kind of a strike.

    Therefore, I have removed the content of the original post by hand.

    I am asking for this post to be deleted, since I don't seem to have the option to do that myself.

  1. chabig

    Addicted to MacNN

    Joined: 06-16-99

    Originally Posted by AndrejView Post

    Injunctions are causing so much trouble for customers who just want to buy a product.



    That's what the purpose of the injunction is--to prohibit the sale of an infringing product.

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