If you can remember all the way back to June, you’ll recall that Lucy Koh, a US Judge, granted the preliminary injunction against the Samsung Galaxy Nexus that Apple requested. This resulted in the device disappearing from the Google Play store, as Google had to adjust the software in Android 4.1, so that it didn’t upset Apple. Now though, the software is fixed, the Galaxy Nexus is back on sale, and according to Reuters, the injunction has been reversed.
The official order has been discovered by TheNextWeb:
Samsung argued, somewhat humiliatingly, that the sales of the Galaxy Nexus were so poor that they didn’t pose a threat to Apple’s iPhone and that the unified search feature was not essential to the success of its device. The appeals court apparently agrees, as it states in its official order:
“…it may very well be that the accused product would sell almost as well without incorporating the patented feature. And in that case, even if the competitive injury that results from selling the accused device is substantial, the harm that flows from the alleged infringement (the only harm that should count) is not.”