Strike two! The second ban on sales of an Android device made by Samsung has recently been issued in the U.S. by a federal judge. Judge Lucy Koh, on Friday, barred the sale of Samsung’s Galaxy Nexus phone in the United States until a patent lawsuit between the Korean-based Samsung and the Cupertino California-based Apple can come to a settlement.In her ruling Koh stated that Apple had clearly shown that it is likely to suffer irreparable harm unless it was awarded injunctive relief. American judges do not issue preliminary injunctions in cases lightly, which means that this decision, along with the earlier one against the Galaxy Tab 10.1 tablet, doesn’t look good for Samsung, which is also a major producer of components for Apple products.
Irreparable harm is considered by judges before resorting to an extreme move like an injunction of a sales device and victory by the injunction seeker is also likely. Koh noted in her decision that Apple had shown in its request for an injunction that it would prevail in court over Samsung based on the merits of its case and that its patent claims would be upheld.
Samsung isn’t the only one paying a price for the injunction, however. Apple also suffered as it had to post a bond of $96 million that would be awarded to Samsung if Apple loses the case that has a trial date of 2014. The $96 million figure is an estimate of what Samsung will lose while the injunction is in effect.
But things could get even worse for Samsung as Apple is also trying to take out the company’s newest smartphone, the Galaxy S III. The Galaxy S III is receiving rave reviews and Samsung predicts that it will ship 10 million units by the end of July with all four major U.S. wireless carriers, Verizon, Sprint, T-Mobile and AT&T, carrying the device.
These injunctions also put a damper on Android and Google as well with Google stating, “We’re disappointed with this decision, but we believe the correct result will be reached as more evidence comes to light.” Samsung will most likely appeal the injunction as it is currently appealing the one issued on the Galaxy Tab.
Source: PC World – No Sales of Galaxy Nexus in US — for Now
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