Apple won the temporary injunction in late June after successfully leveraging a unified search patent against the Galaxy Nexus but Samsung filed for a stay which was denied by a U.S. district court but granted by the CAFC in July. Also granted was Samsung's request to expedite an appeal of the temporary injunction ruling.
Source: CAFC
It was unknown how long the hold would remain in place, but Monday's order confirms Samsung is allowed to continue sales of the smartphone pending an appeal hearing set for August 20.
Apple recently won a separate U.S. injunction against the Galaxy Tab 10.1 in late June during the same week as the Galaxy Nexus win. Both the Northern California District Court and the CAFC denied Samsung's request to stay the Galaxy Tab ruling, though it seems unlikely the sales stoppage will significantly affect the company's bottom line.
10 Comments
'Can'... and most certainly WILL until its replaced by the new Nexus model this fall.
At least in regards to trade dress, I'm not seeing any stolen IP the way we have seen with previous Samsung products. Also considering the recent info about Google warning Samsung about copying Apple I would wager that Google has probably taken steps to keep Samsung from making the Nexus 7 a clone of the iPad.
I would wager that Google has probably taken steps to keep Samsung from making the Nexus 7 a clone of the iPad.
I would wager everything that Google did nothing. The Nexus 7 is made by Asus not Samsung
[quote name="malta" url="/t/151624/samsung-galaxy-nexus-can-stay-on-sale-pending-appeal#post_2157887"] I would wager everything that Google did nothing. The Nexus 7 is made by Asus not Samsung [/quote] That's right, it is. Asus has done a great job with quality displays and great battery life for their price points, too.
The stay shows that infringers have the advantage with the slow judicial process trumping the rapid product cycle in smartphones. It puts innovative companies at a huge disadvantage.