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Samsung’s request to lift an injunction against sales of its Galaxy Nexus smartphone in the U.S. has been rejected by a judge. District judge Lucy Koh denied the request to stay her June 29 order in another legal setback for Samsung as it prepares for its impending court battle with Apple (NASDAQ:AAPL). Earlier this week, Koh had rejected a similar request to lift a pre-trial injunction on the U.S. sales of Samsung’s Galaxy Tab 10.1.
Samsung “has not raised a substantial question of invalidity” of the patents in question in the Nexus case, Koh wrote in Wednesday’s order and added that the court was “not persuaded that Samsung has raised a substantial question or shown a likelihood of prevailing on the merits of its invalidity arguments on appeal.”
Koh also rejected Samsung’s arguments that it will suffer “irreparable harm” from the Nexus ban. “In light of the Galaxy Nexus’s meager sales figures, any such loss in sales would be only a minuscule fraction of the entire smartphone market and would fall short of demonstrating loss of ‘substantial’ market share,” Koh said.
While Samsung does not release shipment figures for its devices, the Nexus is estimated to sell fewer than 1 million units a year in the U.S. Samsung sold a total of 44.5 million smartphones in the first quarter across the world, taking over from Apple as the largest smartphone maker globally.
Samsung had asked the court to stay the bans pending an appeal. The Korean company has also appealed to a federal appeals court in Washington, D.C. Google (NASDAQ:GOOG), whose Android operating system is used in the Nexus, said it would release a software patch for the phone to address the court’s earlier decision.
Apple and Samsung are in the middle of a widespread legal battle in which each is accusing the other of several patent violations. The two will be in court later this month to decide some of those accusations.
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