THE UNITED STATES Federal Court of Appeals for the Federal Circuit has overturned the US ban on the Samsung Galaxy Nexus, after Apple got it removed from shelves.
The Samsung Galaxy Nexus was removed from US mobile phone stores back in June, on the grounds that the handset infringed technologies patented by Apple.
However, in a ruling issued on Thursday, the appellate court said that a US District Court in California "abused its discretion in entering an injunction", ruling that the Galaxy Nexus can go back on sale in the US.
The appeals court said in its ruling that Apple failed to provide the necessary evidence to prove that a sales injunction should be granted.
For an example of its reasoning the court points to Apple patent 8,086,604. US District Court Judge Koh ruled that Samsung infringed that patent, which covers the Quick Search Box (QSB) function in Apple devices. Judge Koh's ruling said that the alleged infringement was enough to justify a sales ban.
However, the Appeals Court overruled that decision by saying the technology in question is a Google Android OS issue and predates Samsung devices, and that Google is not a party in the lawsuit.
"QSB is a feature of Android, an open-source mobile software platform developed by Google, Inc. Any software developer may use Android to create applications for mobile devices, and any handset manufacturer can install Android on a device," said the court's ruling.
"Galaxy Nexus is only one of more than 300 Android smartphones available on the market. The release of the allegedly infringing version of the Android platform predates the release of the Galaxy Nexus, but Google, Inc. is not a defendant in this suit."
This ruling comes just a week after an injunction on the Samsung Galaxy Tab 10.1 was also lifted in the US, with the court ruling that the tablet doesn't copy the Apple Ipad.
Neither Apple nor Samsung had responded to our request for comment at the time of publication. µ
Graphic streaming is now a remote possibility
Not wizard in Oz
Hey, Browser Ballot, let's pick things up where we left off
You're probably going to be more skint from July