On Friday, a U.S. district court judge sided with Apple and issued a preliminary injunction against Samsung’s recently released Galaxy Nexus smartphone.
Judge Lucy Koh is expected to hold a hearing later today to determine whether to let the injunction move forward, or put it on ice pending an appeal from Samsung, Reuters reported.
And indeed, Samsung filed an appeal on Sunday. Said MarketWatch:
“Mere loss of sales cannot justify an injunction; instead, irreparable harm in the form of lost market share must be shown.”
In her initial ruling, Koh said Apple “made a clear showing” that it would most likely lose a substantial amount of market share and future sales with the preliminary injunction.
On Tuesday, Koh granted Apple a preliminary injunction against Galaxy Tab 10.1 sales in the U.S. Previously, Koh had denied Apple’s bid, but a federal appeals court instructed her to reconsider her ruling.
In Europe, Apple won a similar battle with Samsung last year, forcing it to change the Galaxy Tab 10.1’s design to avoid patent issues. After making the changes, Samsung released the tablet in several European countries. The same could happen in U.S.,though I doubt it, since Samsung’s now released Galaxy Tab 2 and Galaxy Note 10.1.