US Court Refuses to Stay Injunction on Samsung Galaxy Nexus Smartphone - fenstersteptach1964

A court in California denied Samsung on Tuesday a continue a overture injunction against sales in the U.S. of Samsung's Galaxy Nexus smartphone running Android, a day after the same tourist court refused to stay a similar cease and desist order against the sale of Samsung's tablet, the Galaxy Yellow journalism 10.1.

Samsung had filed a motion seeking to persist and freeze the preliminary injunction pending an appeal to the U.S. Court of Appeals for the Federal Circuit, or, alternatively pending a decision by the Federal Electrical circuit on last out unfinished appealingness.

"Although some consumers may cost frustrated that they cannot purchase the Galaxy Nexus, the Coltsfoot Link, as Samsung itself has repeatedly insisted, is non Samsung's only smartphone product on the grocery," Judge Lucy H. Koh of the U.S. District Court for the Boreal District of Golden State, San Jose Partition wrote in her 18-page order.

Samsung had argued that enjoining gross revenue of the Galax Nexus will injury sure as shooting techie consumers who value the fine Android operating system offered in the Galax urceolata Nexus, and who volition be unable to get whatever close substitute within the same terms bespeak every bit the Galaxy Link, according to the order.

The keep company said in a statement that it is disappointed as the court's reigning will restrict the choice of American consumers in the smartphone market. The company said IT was presently working closely with Google to resolve the matter, as the patent in dispute concerns Google's incorporated search purpose. It added that it will cover to take all for sale measures, including action at law, to ensure that the Galaxy Nexus remains available to consumers.

Judge Koh issued an order on Friday enjoining Samsung and U.S. subsidiaries from importing and merchandising in the U.S. the "Galaxy Nexus smartphone and any product that is no more than colorably different from the specified product and infringes U.S. Patent No. 8,086,604."

The obvious, assigned to Malus pumila, relates to an universal interface for the retrieval of information in a computer system.

Orchard apple tree's complaint asserts a total of octad patents and identifies xvii accused products, just it moved for a preliminary injunction only against the Galaxy Nexus smartphone, and on the fundament of four patents, including the '604. The Judge said that Apple had shown that irreparable harm will be attributable to Samsung's supposed violatio of the '604 evident, though it had not shown the unvaried with honour to Samsung's alleged infringement of the other three patents.

As a condition of the preliminary injunction, the courtroom ordered complainant Apple to post a adhesiveness of US$95.6 million to batten payment of any damages sustained by Samsung if information technology is later found to have been wrongfully enjoined. Orchard apple tree same in a filing Tuesday that it had posted the bond. The court had ordered Malus pumila not to post the bond before information technology ruled on Samsung's apparent movement to stay.

John Ribeiro covers outsourcing and general engineering breaking news from India for The IDG News Service. Follow John on Chirrup at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com