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US judge bans Galaxy Nexus

By Dan Levine
Jul 2 2012 7:00AM
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Second recent win for Apple.

The Samsung Galaxy Nexus smartphone has been temporarily banned from sale in the US, in a second major win for Apple last week.

US judge bans Galaxy Nexus

US District Judge Lucy Koh's decision on Friday comes days after she also slapped a pre-trial ban on sales of Samsung's Galaxy Tab 10.1, a tablet computer that runs on Google's Android and goes toe-to-toe with the iPad.

The back-to-back triumphs — significant because pre-trial injunctions are rarely granted — meant Apple had a better week in court than last week, when Chicago federal court judge Richard Posner ruled the iPhone maker could not pursue an injunction against Google's Motorola Mobility, effectively ending that case.

"Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products," Judge Koh said in Friday's ruling.

Koh scheduled a hearing on Monday to consider whether to put the Galaxy Nexus injunction on hold pending appeal. And she said in court that she might rule on Sunday whether or to similarly put on hold the earlier injunction on the Galaxy Tab.

Apple has waged an international patent war since 2010 as it seeks to limit the growth of Google's Android system, the world's most-used mobile operating platform. Opponents of Apple say it is using patents too aggressively in a bid to stamp out competition.

Spokeswoman Kristin Huguet reiterated her previous statement, accusing Samsung of copying the look and feel of its products.

Samsung said it was "disappointed" in the decision.

"We will take all available measures, including legal action, to ensure the Galaxy Nexus remains available to consumers," it added in a statement.

As a condition of the injunction, Apple was ordered to post a bond of more than $95 million, to secure payment of damages sustained by Samsung should the injunction be deemed a wrongful decision later. The order shall become effective upon posting of the bond.

(Reporting By Dan Levine and Poornima Gupta; Editing by Edwin Chan, Carol Bishopric and Richard Chang)

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