Appeals Court Overturns Injunction Against Import, Sale of Samsung Galaxy Nexus
A lower court decision that would have blocked Samsung from importing and selling its Galaxy Nexus smartphone was reversed and remanded by the U.S. Court of Appeals, Federal Circuit. A U.S. District Court had granted a preliminary injunction sought by Apple on patent grounds.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Apple had claimed that the Nexus violated eight of its patents. The lower court had agreed an injunction was justified based on one of the eight, the so-called '604 patent, and issued the injunction June 29.
Samsung challenged the lower court decision, saying it was an abuse of discretion, and the appeals court agreed, saying it had not fully justified its decision that Apple would be irreparably harmed by Nexus imports and sales. "It may very well be that the accused product would sell almost as well without incorporating the patented feature," the appeals court also said, saying Apple didn't adequately tie consumer demand for the Nexus to the patented feature.
On the issue of Apple's likelihood of success in the basic patent case, the appeals court said the prosecution history "does not help Apple show that it is likely to succeed in its infringement claim."