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They’re at it again: Samsung has appealed Apple Nexus ban as the patents battle gets dirtier.

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This smartie is now banned in the US, thanks to Apple.

Smartphone giant Samsung has appealed Judge Lucy Koh’s decision Friday to ban its Galaxy Nexus smartphone, on the ground it likely infringes all four of Apple’s technology patents.

The Nexus maker filed a motion to stay the injunction for the duration (of the case), meaning it wants the Nexus to stay on sale until the outcome of the ban appeal.

Samsung filed the appeal immediately after the decision was handed down by the Californian court Friday.

Read: Google Nexus Banned Apple Told To Put Up $96M Bond

The ban of the flagship mobile would likely hurt Samsung’s business in the US; one of its biggest markets.

The Galaxy Nexus, made jointly by Samsung and Android creators Google, was released last year – the first device to go out on Ice Cream 4.0 OS and is flagged as one of the best smartphones around.

Patents guru Florian Mueller has dissected Samsung’s appeal argument lodged to the Federal Court Of Appeal and reckons one in particular is “pretty weak” in his Foss Patents blog.

And he may have a point.

Samsung is arguing there is “insufficient evidence” that Apple and Samsung are actually competitors on the mobile stage:

“The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors.”

The Smartphone market has frequently been described as a “two horse race” between Samsung’s Galaxy and Apple’s iPhone, so for the Korean giant to say this is pretty outlandish, although Meuller notes the argument isn’t completely without substance as Apple need to prove it suffered a substantial loss from the alleged patent infringements.

But Mueller also noted in an earlier blog that Apple only passed the test on one patent for unified search, also known as the “Siri patent”, meaning the Koreans could have grounds to get the latest hardware ban reversed.

 

Also Samsung is saying its US rival has to prove the alleged patent infringement has caused it substantial market share losses and argue a ban is only justified if Apple can prove this, saying “the Court’s order is inconsistent with the Federal Circuit’s directive that market share losses must be substantial.”

The Galaxy Nexus maker also argues a substantial loss must be attributable to the “infringing feature” notes Mueller.

Samsung also dispute Judge Koh’s finding it infringed ‘patent 604’ which relates to Siri voice assistant “was erroneous, or at a minimum raises substantial questions”, arguing that patent no longer relates to Apple’s Siri, but is now a “different feature” than the search technology covered by ‘604’.

The decision also comes just a week after the Samsung Galaxy Tab 10.1 was banned for sale in the US on similar alleged patent infringement grounds, which was banned here in Australia for a period last year, although later went on sale.

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