Samsung Electronics Co. lost its bid to delay a ban on sales of its Galaxy Nexus smartphone in the US until an appeals court rules on the matter.
US District Judge Lucy Koh today rejected Samsung’s request to stay her June 29 order while the South Korean company pursues an appeal. Yesterday, Koh denied a similar request by Samsung to put on hold her June 26 order blocking US sales of the company’s Galaxy Tab 10.1 computer.
Samsung “has not raised a substantial question of invalidity” of the patents at issue in a dispute with Apple Inc., Koh wrote in today’s order in San Jose, California. The court “is not persuaded that Samsung has raised a substantial question or shown a likelihood of prevailing on the merits of its invalidity arguments on appeal.”
Samsung and Cupertino, California-based Apple, the world’s two biggest makers of high-end phones, have accused each other of copying designs and technology for mobile devices and are fighting patent battles on four continents to retain their dominance in the $219 billion global smartphone market.
Koh rejected Samsung’s arguments that it will suffer “irreparable harm” from the injunction.
“In light of the Galaxy Nexus’s meager sales figures, any such loss in sales would be only a miniscule fraction of the entire smartphone market and would fall short of demonstrating loss of ‘substantial’ market share,” Koh wrote.
Nam Ki Yung, a Seoul-based Samsung spokesman, said the company didn’t have an immediate comment on the ruling.
The case is Apple Inc. v. Samsung Electronics Co. Ltd., 12- cv-00630, U.S. District Court, Northern District of California (San Jose).