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by James Dohnert
15 Jan 2013
Samsung has urged the US Court of Appeals to dismiss Apple's request to reopen its patent infringement case against the Galaxy Nexus smartphone.
Apple had asked the court to reopen the case earlier this month. If reopened, the case could result in a sales ban on the Samsung Galaxy Nexus. Samsung has pleaded with the court to dismiss the request, arguing Apple does not have enough proof to justify reopening the case.
The iPhone maker originally won a sales ban on Galaxy Nexus devices last July. However, the ruling was eventually overturned a few months later.
Apple had hoped to get the case reopened for review by the same judges who ruled in their favour last year. The firm had hoped it could get the case reopened on the basis of prior precedent which could be used in its favour.
Samsung has urged the court to dismiss the reopening of the case using the same grounds it won the trial with last year.
According to a court filing, uncovered by Apple Insider, Samsung believes that Apple is unable to prove that an injunction on the Galaxy Nexus would have any effect on iPhone sales.
The case in question only effects the original Galaxy Nexus. It would have no bearing on the smartphone's successor the Galaxy Nexus 4 or its tablet companion the Galaxy Nexus 7.
News of the legal case come as Samsung reports its 100 millionth sale of the Galaxy line of smartphones. The company reported its most popular smartphone was the Galaxy S3. Samsung said it sold over 40 million S3's since the phones launch last year.
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