updated 09:55 pm EDT, Mon August 20, 2012
Samsung points to lackluster sales
Apple has reiterated its arguments against Samsung as part of an ongoing case in the US Court of Appeals for the Federal Circuit in Washington. Attorney Mark Perry of law firm Gibson Dunn suggests Samsung's "beat-Apple strategy" focused on copying the iPhone's Siri feature and implementing a patent-infringing alternative in the Galaxy Nexus.
"This was the top of the line, Cadillac phone they trotted out to compete with the iPhone," Perry added, according to a quote published by Bloomberg.
Samsung attorney John Quinn focused on sales numbers, arguing that the Galaxy Nexus reached only "minuscule" distribution compared to the iPhone. The flagship Android smartphone is said to have only fetched revenues of approximately $250 million in the third quarter, compared to over $16 billion in iPhone sales during the same period.
"This is a product that, at most, captured 0.5 percent of the market," Quinn claimed. "Nothing in the record here would support a finding of irreparable harm."
The Korean handset maker is attempting to reverse an injunction order, which would halt sales until the underlying lawsuit arrives at a final decision. Apple argues that its unified-search patent, utilized for the Siri feature in the iPhone 4S, was copied for Samsung's search feature in the Galaxy Nexus. Samsung claims that Siri is distinctly different than the technology described in the patent, which it claims is improperly applied in the lawsuit and invalid in any case.
The companies are currently fighting in dozens of separate lawsuits in various countries, including a high-profile case that has reached its final phase in a San Jose, California courtroom.