Nexus sales ban overturned

Posted by Emma Woollacott

The US Court of Appeals has overturned the ban on sales of Samsung's Galaxy Nexus phone, saying the California court that imposed it had 'abused its discretion'.

Apple hadn't adequately demonstrated that customers were buying the Nexus because of the Apple-patented technology related to Siri that it held.

"It may very well be that the accused product would sell almost as well without incorporating the patented feature," wrote the court.

"And in that case, even if the competitive injury that results from selling the accused device is substantial, the harm that flows from the alleged infringement (the only harm that should count) is not."

The injunction barring sales of the Nexus was ordered in June. Lifting it isn't likely to have much effect on Samsung's sales, as the Nexus isn't a particularly new product.

"This injunction was never really enforced - at least not for a sufficient period to have business impact," says patent expert Florian Mueller.

"Apple only had a window of opportunity of a very few business days before the Federal Circuit ordered a stay. That's not enough, since resellers will have had sufficient quantities of this product in their warehouse to meet immediate demand."

The move follows a similar reversal earlier this month, when a ban on the Galaxy Tab 10.1 was also lifted.