Samsung Electronics said it has appealed the US court’s preliminary injunction order barring the sale of its Galaxy Nexus phones in the country and has called for a temporary stay on the injunction for the duration of the appeal.
The company is appealing the injunction on seven grounds, including that Apple will not be able to prove its market being damaged by Samsung device.
Samsung has appealed the US court to lift the execution of the injunction for the entire duration of its appeal which will allow the company to continue to sell its Nexus phone.
Samsung’s filing to the US district court read "The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors."
"The Court’s order is inconsistent with the Federal Circuit’s directive that market share losses must be substantial," it added.
The appeal came after US District Court of California Judge Lucy Koh granted Apple’s request and issued a preliminary injunction on Friday against the sale of Nexus devices, the first smartphone running on Google’s latest Android operating system Ice Cream Sandwich.
Apple alleged that Samsung infringed on four of its patents in the Galaxy Nexus that could harm sales of its iphone, though its grievance asserts a total of eight patents and identifies seventeen products.
The court found that Galaxy Nexus infringes U.S. patent no. 8,086,604 which relates to an universal interface for the retrieval of information in a computer system.
The other three patents include patent no. 8,046,721 relating to unlocking a device by performing gestures on an unlock image, patent no. 8,074,172 on method, system, and graphical user interface for providing word recommendations, and patent no. 5,946,647
relating to a system and method for performing an action on a structure in computer-generated data.
Apple, however, will have to post a bond of more than $96m as a condition of the injunction to make the order effective.
Friday’s ruling followed another court order last week, in which Apple won a preliminary injunction against Samsung’s Galaxy Tab 10.1 tablet computer in the country.
