Ban on Galaxy Nexus U.S. Sales Upheld, Software Patch to Circumvent Forthcoming

MacRumors · Jul 3, 2012

Last week, Apple won a preliminary injunction banning U.S. sales of the Samsung Galaxy Nexus, a high-profile Android phone that was the lead device for Android 4.0 "Ice Cream Sandwich" and given away to attendees at last week's Google I/O conference to show off the forthcoming Android 4.1 "Jelly Bean". The ban followed a similar injunction barring sales of the Galaxy Tab 10.1 that was issued a few days earlier.

Samsung immediately appealed both of the injunctions in hopes of continuing sales of the devices as the cases over Android software features proceed through full trials. But the judge overseeing both cases rejected Samsung's appeal in the Galaxy Tab 10.1 case over the weekend and today similarly declined the company's appeal in the Galaxy Nexus case. AllThingsD has more on the developments:

U.S. District Court Judge Lucy Koh ruled that there was not sufficient evidence to put the ban on hold while Samsung pursues an appeal.

"Although some consumers may be disappointed that they cannot purchase the Galaxy Nexus, the Galaxy Nexus, as Samsung itself has repeatedly insisted, is not Samsung's only smartphone product on the market," Koh wrote in the ruling.

Just minutes after the decision, AllThingsD also reported that Google and Samsung have developed a software workaround they believe will satisfactorily address the infringement issue being claimed by Apple, which involves a unified search function related to Siri's abilities.

First and foremost, Samsung and Google have a software patch that they believe avoids infringing the Apple patent that led to the injunction. That patch is expected to be pushed out imminently, Google said.

Google and Samsung are also continuing to pursue the matter on other fronts, persisting in their battle against Apple in the case while also seeking to have Apple's patent ruled invalid through reexamination by the U.S. Patent and Trademark Office.

Article Link: Ban on Galaxy Nexus U.S. Sales Upheld, Software Patch to Circumvent Forthcoming

JGowan · Jul 3, 2012

Glad Apple won. Glad Google can write their own code work-around to satisfy the courts. Sounds like a win-win. Apple's competitors need to see that they can't rip the boys from Cupertino off, but it also shows that with a little elbow grease, they can get the results they need to be competitive.

unlinked · Jul 3, 2012

JGowan said:
Glad Apple won. Glad Google can write their own code work-around to satisfy the courts. Sounds like a win-win. Apple's competitors need to see that they can't rip the boys from Cupertino off, but it also shows that with a little elbow grease, they can get the results they need to be competitive.

I think it is still a preliminary injunction. Google just want to put out a patch so they can continue to sell while the court case works itself out.

Hakone · Jul 3, 2012

And the saga continues.

RocketRed · Jul 3, 2012

Something isn't quite right here...

BC2009 · Jul 3, 2012

So I wonder how it works when you win an injunction pending a full court battle but in the interim, your competitor patches their software to avoid infringement. I imagine the infringer has to petition the court to relax the injunction and if so, I would imagine that Apple gets their bond money back and then drops the case. It seems this would be resolved way before the actual case is fully decided.

If so, that is great for Apple. They get to protect their IP and not have to risk $96M bond to enforce the injunction. I know that when Samsung and Apple battled it out in Germany that Samsung had to propose multiple alternate designs for Galaxy Tab before the courts lifted the ban.

I think the #1 thing that Apple wants here is for their products to be distinctive in the market place -- that means enforcing the ease-of-use/user-experience patents they hold as well as their trade dress, trademarks, and design patents. Apple makes their money on having distinctive products so its no wonder they so vehemently defend their IP.

superman23 · Jul 3, 2012

i have an iPhone, 2 MacBooks, a cinema display, an iPad, an iPod Nano, and an iMac G4. I'm not in favor of this. This is bad for all consumers. Unless you are a huge shareholder or an executive at Apple, you shouldn't be in favor of this ban.

rudigern · Jul 3, 2012

Would like to see how they try and make the patent invalid. If it was a logical thing for anyone to do Google would be better placed than most companies to make it. Then once Apple did it, it only took what 9 months to make a direct competition to it? Sounds like a pretty valid patent to me.

Rodimus Prime · Jul 3, 2012

BC2009 said:
So I wonder how it works when you win an injunction pending a full court battle but in the interim, your competitor patches their software to avoid infringement. I imagine the infringer has to petition the court to relax the injunction and if so, I would imagine that Apple gets their bond money back and then drops the case. It seems this would be resolved way before the actual case is fully decided.

If so, that is great for Apple. They get to protect their IP and not have to risk $96M bond to enforce the injunction. I know that when Samsung and Apple battled it out in Germany that Samsung had to propose multiple alternate designs for Galaxy Tab before the courts lifted the ban.

I think the #1 thing that Apple wants here is for their products to be distinctive in the market place -- that means enforcing the ease-of-use/user-experience patents they hold as well as their trade dress, trademarks, and design patents. Apple makes their money on having distinctive products so its no wonder they so vehemently defend their IP.

I say they should still be out it for what turned out to be and invalid suit and if patent is invalid education increase it to double.

AbyssImpact · Jul 3, 2012

So what is the patch?

east85 · Jul 3, 2012

Apple spent millions to make this happen. Google answers with a patch.

I'm sorry but I find this comical. :apple:

notabadname · Jul 3, 2012

Here comes another 1,000 post war of words as people without ALL the facts say how improper this was of the court.

dwd3885 · Jul 3, 2012

Android has had unified search in android long before it was in iOS.

WindWaker · Jul 3, 2012

whether you're an android fan or an apple fan, you can't help but be a little sad about how patents are being handled nowadays...

kdarling · Jul 3, 2012

rudigern said:
Would like to see how they try and make the patent invalid. If it was a logical thing for anyone to do Google would be better placed than most companies to make it.

Supposedly Google did do it on their own. They just apparently didn't apply for, or search for, a patent about something that must've seemed so obvious to them.

Then once Apple did it, it only took what 9 months to make a direct competition to it? Sounds like a pretty valid patent to me.

What took months, was for the courts to decide to grant a preliminary injunction before trial even started.

Making a workaround probably took just hours, if even that long. There just wasn't any need for it until the injunction.

AbyssImpact said:
So what is the patch?

I've read (but not confirmed) that the search box will now only go to the web instead of also searching local files.

So there would be no effective change for the overwhelming majority of users who just wanted to search the web in the first place. Heck, maybe it'll even be faster.

Hmm. Come to think of it, many of us have our contacts and email stored in the cloud as well. No need to search locally.

ChazUK · Jul 3, 2012

dwd3885 said:
Android has had unified search in android long before it was in iOS.

And Apple have applied for patents long before Android and iOS existed.

They aren't newbies when it comes to operating systems.

rick98761 · Jul 3, 2012

How dissapointing as an owner of iPhone4s, iPad Retina, Apple tv 2 & 3, a macbook pro, and iMac. This is bad for all consumers.

Pyrrhic Victory · Jul 3, 2012

These legal battles are becoming so epic that some game developer should make an MMORPG featuring the Android Alliance vs the Apple Empire...or something.

Chabba · Jul 3, 2012

ChazUK said:
And Apple have applied for patents long before Android and iOS existed.

They aren't newbies when it comes to operating systems.

http://patft.uspto.gov/netacgi/nph-...50&s1=8086604.PN.&OS=PN/8086604&RS=PN/8086604

All the way back in 2000.

nanotlj · Jul 3, 2012

I do not get all these ****ing lawsuits.

So they issue a possible workaround then they need not pay for previous infringement? In the similar case with HTC, HTC got around with kind of a fix and continue sell their devices. So what Apple got from all these lawsuits? Not a penny! Why Apple still continues these stupid lawsuits?

blackhand1001 · Jul 3, 2012

Chabba said:
http://patft.uspto.gov/netacgi/nph-...50&s1=8086604.PN.&OS=PN/8086604&RS=PN/8086604

All the way back in 2000.

I don't care when it was filed being able to patent something like a universal search is ridiculous. Googles implementation isn't even close to the same as apples. Even worse is the fact that this judge seriously believes that people are buying this phone instead of the iphone because of the search box. Samsung argued that it was not a major factor in customers decisions and therefore an injunction is completely unecessary and the so called infringement isn't negatively effecting apple and I agree. This whole ordeal is ridiculous and I seriously have lost a ton of respect for both apple and this Judge Koh lady.

billystlyes · Jul 3, 2012

Can't wait until Google sues Apple for ripping off the pull down notification menu in iOS. It will be hard to work around that one. But you know what they say, what goes around comes around.

simon48 · Jul 3, 2012

east85 said:
Apple spent millions to make this happen. Google answers with a patch.

I'm sorry but I find this comical.

But it's just a preliminary injunction.

chocolate · Jul 3, 2012

What's it all about?

Lawyers in love. Opposing parties with limitless bankrolls. A system that feeds upon itself.

tylersdad · Jul 3, 2012

Am I reading this correctly? That this is all because of the search functionality? Does apple really think they'll lose sales because of that one feature?

I can't figure out how they were able to patent that. It's been part of most desktop operating systems for ages.

I hope the patent is nullified.

Ban on Galaxy Nexus U.S. Sales Upheld, Software Patch to Circumvent Forthcoming

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