Samsung has appealed against the preliminary injunction blocking US Galaxy Nexus sales, arguing Apple cannot prove that iPhone market share is legitimately threatened by the Android phone. Apple secured the early injunction late last week, convincing a US judge that the Galaxy Nexus is likely to be found infringing on at least one of four patents the Cupertino company holds. However, Samsung insists that Apple’s case fails to prove that the potential loss of market share caused by the third-gen Google phone is as “substantial” as the Federal Circuit’s requirements.
“The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors” Samsung’s retort suggests. “The Court’s order is inconsistent with the Federal Circuit’s directive that market share losses must be substantial.”
What Apple has not yet demonstrated, Samsung reckons, is that the substantial loss alleged is attributable to the feature said to have infringed. In this case, that’s technology covered by patent 8,086,604, “Universal interface for retrieval of information in a computer system,” which covers search and filtering systems.
“The Court’s causation finding as to the ’604 patent was erroneous, or at a minimum raises substantial questions” Samsung argues. Judge Lucy Koh, who granted Apple the preliminary injunction, has interpreted the ’604 patent as relevant to Siri, the virtual personal assistant which has been a central point of Apple’s advertising for the iPhone 4S.
However, Samsung is hoping that the appeals court will see ’604 as covering a far narrower range of functionality than Judge Koh, and says that Siri is a “different feature than the unified search covered by the ’604 patent.”
Samsung has asked that the preliminary injunction be stayed, either as long as the appeal against the decision in Apple’s favor take, or alternatively – and for a shorter period – until the Court of Appeals for the Federal Circuit comes up with a decision itself. Apple is yet to comment on the motion.