Samsung filed a document late last week with the U.S. Court of Appeals for the Federal Circuit outlining why Apple shouldn’t be allowed a full panel review of a previous court denial to block sales of the Galaxy Nexus. The response to Apple’s request for a rehearing en banc, or a review involving all nine CAFC judges, pertains to the iPhone maker’s bid to halt sales of Samsung’s Galaxy Nexus smartphone that was denied by a three-member panel in October. Apple won an injunction against the Samsung handset in June 2012.
In the most recent filing, Samsung argues against an en banc, saying a rehearing is unnecessary due to a lack on Apple’s part to prove a causal-nexus between the alleged infringement of a unified search patent and harm to iPhone sales. The South Korean company goes even further by saying Apple failed to prove that it suffered irreparable harm to the iPhone’s market share during the period in which the Galaxy Nexus was on sale. The filing read the following:
Here, even if every Galaxy Nexus sale would otherwise have been an iPhone sale (which is highly doubtful given that a host of manufacturers sold 315 models of competing Android phones), Apple could have gained, at most, only an additional 0.5% of the U.S. smartphone market in the first quarter of 2012. Potential loss of a fraction of 0.5% of market share is 'insubstantial.'
Source: Reuters via AppleInsider