Appeals Court Overturns Sales Ban on Samsung Galaxy Nexus

[Winnychan213]

I don't get where that "poor sale" coming from, a lot of my friends and people in Asia are now starting to use samsung now.

 

[bearcatrp]

Great to hear. The original judge should be fired for not doing their job. Bet the judge got a nice paycheck from apple to ban. But thanks to a 3 panel appeals court, justice is served properly.

 

[winston1236]

This phone barely scratched the surface, it only counts for less than 0.5% of the smart phone market, to be honest I am surprised.

Of all the bloatware-loaded Samsung (and other vendors) phones, Nexus provides 'pure' Android experience, which according to many is the best experience. The phone comes with 'just right' mid-level specs (for example, HSPA+ rather than LTE, but still fast) and is as universal as it gets (it works seemlessly with AT&T and T-Mobile). and a KILLER price of $350 unlocked, free on contract. Why did it not sell?

I think Samsung themsleves did it out of some sort of a previous deal or obligation, they wanted it to fail.

Lol scratched the surface. Like all the new iphones.

 

[Caliber26]

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.

This statement makes me want to feel bad and laugh at the same time.

 

[wikus]

I have a Google Nexus One in the drawer and the hardware is wonderful (too bad Gingerbread is crap ). I'm hoping the next Google Nexus phone will be from HTC.

I can not abide this cheap plastic Samsung crap.

Its really a shame that the public is so incredibly ignorant. Somehow Samsung managed to become the poster child for Android when HTC's phones are so much better than both Samsung and Apple. The public lines up in queues for days like minions from 1984 (ironic) only to put down incredible amount of cash, but not for Apple's best product, which is OS X (and any computer that goes along with it).

The public has it completely backwards.... I almost wonder why people STILL aren't switching over to OS X and sticking to Windows... but iPhones? They're obsessed with them. Apple's poorest, lousiest and limiting product (iOS) gets the company to a degree where the stock is at a record high but OS X, the Mac Pro, a proper MacBook basically get ignored.

 

[LordVic]

I'm confused over the wording of the article here.

Macrumours is claiming the injunction was lifted due to Samsung's claims the phone doesn't sell much so doesn't hurt apple.

This is grossly untrue and is an unfortunate bias by Macrumours (though it's an apple site, so expected)

Most other sites are reporting that it was in fact due to a United States Appeal court that Overruled the injunction on the claim that Judge Lucy Koh "abused its discretion" in it's granting.

This will likely open up further doubt in the 1 billion ruling by an already questionable Jury and now potential questions raised about Judge Koh.

 

[the read]

I still think that IOS 6 is better that android, and will be for awhile. But if your'e against IOS, WP8 would be a better choice than android in my opinion.

Not sure I agree. iOS has some great features, but as a whole I find it to restrictive. Andriod has been behind over the past 4 years, but with their latest build, in many areas it's become more friendly and powerful with features iOS haven't even considered. Mainly in integration of applications and how they connect/communicate with each other to enable you the ability to download, recieve, modify and send documents and data. iOS has had me very frustrated in how Apple lock developers and users from app integration and users data.

Each to their own I guess.

 

[samcraig]

I'm confused over the wording of the article here.

Macrumours is claiming the injunction was lifted due to Samsung's claims the phone doesn't sell much so doesn't hurt apple.

This is grossly untrue and is an unfortunate bias by Macrumours (though it's an apple site, so expected)

Most other sites are reporting that it was in fact due to a United States Appeal court that Overruled the injunction on the claim that Judge Lucy Koh "abused its discretion" in it's granting.

This will likely open up further doubt in the 1 billion ruling by an already questionable Jury and now potential questions raised about Judge Koh.

The banning also wasn't i"In the aftermath of Apple's patent trial win over Samsung, the company was awarded an injunction "

The injunction took place before the trial. In June.

 

[blackhand1001]

When the Nexus first got released, it was the best Android phone.

However, Samsung have significantly improved their UI, beyond what a 'pure' google handset would offer. Its a lot more user friendly (mostly copied from Apple), whilst retaining the customisation of Android.

I'd actually struggle to go back to any non Touchwiz android device now. They're just so much more fluid and appealing compared to stock android.

Plus theres not a single crappy software button in sight. Real buttons ftw.

Touchwiz is still not as smooth as stock android. Go down to best buy and swipe screens on the note 10.1. Then do the same on the asus transformer prime or tf300. Same resolution as the note 10.1 yet it is so much more fluid its not even funny. This is even with the weaker gpu.

 

[ng-design]

Nexus was the one phone I actually would have considered switching to. Unfortunately it suffers from the same problem with grossly oversaturated colors, like all of the other crap Samsung puts out.

I don't understand how millions of people can buy Samsung phones when they make colors look like they were done with those boxes of 24 crayons I had as a kid. There is very little depth or distinction, just blindingly bright reds, blues, and greens.

Apple's screens are calibrated and more true to life, whether it's a phone, tablet, or computer. I still feel they make the best displays around, and that's not being a fanboy. It's just demanding a quality product. I'm a graphic designer, and these details matter.

 

[scottsjack]

Wow MacRumors really put the Apple spin on this story. You should really include the actual panel's reasoning for lifting the ban. You should also include their comments about judge Koh's actions.

You're right, MacRumor is sometimes a little too fanboy-enabling though not nearly as bad as Appleinsider or Cult of Mac. It's for that reason that I usually read MacRumors first.

 

[wikus]

When the Nexus first got released, it was the best Android phone.

However, Samsung have significantly improved their UI, beyond what a 'pure' google handset would offer. Its a lot more user friendly (mostly copied from Apple), whilst retaining the customisation of Android.

I'd actually struggle to go back to any non Touchwiz android device now. They're just so much more fluid and appealing compared to stock android.

Plus theres not a single crappy software button in sight. Real buttons ftw.

As much as I like Android, I absolutely hate Touchwiz, Sense UI and all the other manufacturer skins of Android. There are really only THREE worthwhile using:

1. Vanilla Android original straight from Google without any changes
2. MIUI (similar to OS but without all the choice limitations thrown at you by Apple)
3. CyanogenMod (self explained)

 

[lilo777]

I don't get where that "poor sale" coming from, a lot of my friends and people in Asia are now starting to use samsung now.

This was said about specific phone model (Samsung Galaxy Nexus) and specific country (USA).

 

[Judas1]

Why the Nexus was banned in the first place, I'll never know. It doesn't look like the iphone, and the OS is stock Jelly Bean. Can you smell the Apple bias?

 

[wikus]

Why the Nexus was banned in the first place, I'll never know. It doesn't look like the iphone, and the OS is stock Jelly Bean. Can you smell the Apple bias?

Apparently rounded corners and flat glass surfaces hold up in court as a means to sue over a patent.

 

[LordVic]

The banning also wasn't i"In the aftermath of Apple's patent trial win over Samsung, the company was awarded an injunction "

The injunction took place before the trial. In June.

I'm aware.

But if there's doubt being cast on Judge Koh's discretion form actions dating to even before the trial, alongside the doubts that are currently being raised about the jury's bias (Head juror apparently lied, amongst other infractions), Samsung might have a very legit chance at getting their appeal faster and invalidating the results of the first trial.

It's all "snowballing" from one thing to the next with this case.

 

[lilo777]

Nexus was the one phone I actually would have considered switching to. Unfortunately it suffers from the same problem with grossly oversaturated colors, like all of the other crap Samsung puts out.

I don't understand how millions of people can buy Samsung phones when they make colors look like they were done with those boxes of 24 crayons I had as a kid. There is very little depth or distinction, just blindingly bright reds, blues, and greens.

Apple's screens are calibrated and more true to life, whether it's a phone, tablet, or computer. I still feel they make the best displays around, and that's not being a fanboy. It's just demanding a quality product. I'm a graphic designer, and these details matter.

All Apple's screens have a huge defect - they do not have a true black color at all. As far as color saturation is concerned, just remember those are real colors - in a sense that your eye can see them. Some pictures are more saturated than others. Besides there is a switch (at least on SGSIII) to de-saturate the colors.

 

[cyberddot]

So it's a big deal when Apple "wins" - but when that win is overturned - who cares? Interesting.

When an injunction on one product is overturned, indeed, big deal. That ploy served its purpose.

Injunctions on other products in the unrelated August decision are still in place, and I'd say $1,000,000,000.00 (minus $96,000,000.00 bond for the Galaxy Nexus) is still a pretty big deal.

 

[samcraig]

I'm aware.

But if there's doubt being cast on Judge Koh's discretion form actions dating to even before the trial, alongside the doubts that are currently being raised about the jury's bias (Head juror apparently lied, amongst other infractions), Samsung might have a very legit chance at getting their appeal faster and invalidating the results of the first trial.

It's all "snowballing" from one thing to the next with this case.

It certainly could be unfold that way....

----------

When an injunction on one product is overturned, indeed, big deal. That ploy served its purpose.

Injunctions on other products in the unrelated August decision are still in place, and I'd say $1,000,000,000.00 (minus $96,000,000.00 bond for the Galaxy Nexus) is still a pretty big deal.

I'd argue that the future has yet to be written. No money has been exchanged and the appeals is on the table. And given some new "kinks" in the case - it's anyone's guess what the final outcome will be

 

[Judas1]

Nexus was the one phone I actually would have considered switching to. Unfortunately it suffers from the same problem with grossly oversaturated colors, like all of the other crap Samsung puts out.

I don't understand how millions of people can buy Samsung phones when they make colors look like they were done with those boxes of 24 crayons I had as a kid. There is very little depth or distinction, just blindingly bright reds, blues, and greens.

Apple's screens are calibrated and more true to life, whether it's a phone, tablet, or computer. I still feel they make the best displays around, and that's not being a fanboy. It's just demanding a quality product. I'm a graphic designer, and these details matter.

The weird thing is, I hate the lack of saturation on lcd screens. When watching a movie on the computer, I turn up the saturation by 15%. It makes the movies pop, especially animated movies. I've never understood why color reproduction is so important when you're not doing photo editing or something similar.

 

[cyberddot]

<snip>
I'd argue that the future has yet to be written. No money has been exchanged and the appeals is on the table. And given some new "kinks" in the case - it's anyone's guess what the final outcome will be

Did you miss my point regarding your original quip? Or did you just ignore it?

 

[Tiger8]

Lol scratched the surface. Like all the new iphones.

touche!

 

[aerok]

This is so ridiculous from MR to post a biased misinformed stupid post like this. Especialy since other news sites report it correctly.

This court of appeals previously agreed to a stay on the injunction from sales on the Galaxy Nexus but has now changed their minds, saying that the district court in California “abused its discretion in entering an injunction.”

http://gigaom.com/apple/court-reverses-earlier-sales-ban-apple-won-on-samsung-galaxy-nexus/

Court documents filed Thursday say the earlier sales injunction has been “reversed and remanded,” (PDF) as was first noted by Reuters. The appeals court found that the earlier decision to put the sales ban in place was made in error. The judges also said that Apple was unable to successfully establish that the quick search box in Android found on the Galaxy Nexus was so similar to the iPhone’s universal search that it would cause Apple to lose sales, which was the reason given earlier for banning the device.

http://www.slashgear.com/galaxy-nexus-ban-lifted-in-samsung-vs-apple-case-11251452/

In one example, Apple claimed that the Quick Search Box used on the Nexus infringes one of its patents. But this search box is a feature of Android, not something specific to the Nexus.

"The release of the allegedly infringing version of the Android platform predates the release of the Galaxy Nexus, but Google is not a defendant in this suit," the appeals court said.

In another example, Apple tried to establish a "causal nexus," or a link between a cause and its effect, asserting that it would suffer harm without a ban on the Galaxy Nexus. But the appeals court determined that the district court "abused its discretion" in finding that Apple established such a causal nexus.

In one more example, Apple asserted that the Nexus uses the "unified search feature" in Siri, which was patented by Apple even though Samsung's phone offers no equivalent to Siri. But again the appeals court disagreed with the lower court's findings.

"To establish a sufficiently strong causal nexus, Apple must show that consumers buy the Galaxy Nexus because it is equipped with the apparatus claimed in the '604 patent -- not because it can search in general, and not even because it has unified search," the appeals court said. "The district court made no such determination."

http://news.cnet.com/8301-13579_3-5...-nixes-a-galaxy-nexus-ban-requested-by-apple/

 

[samcraig]

Did you miss my point regarding your original quip? Or did you just ignore it?

I didn't ignore or miss anything. The injunction story itself is a big deal. The fact that one was overturned is a big deal. No matter what the bond size or financial outcome. It's not all about money. It's also about precedent. It's also about how this case seems to be like an iceberg in that there's a lot under the surface which could change the outcome to Samsung's (or no one's favor) and/or possibly - award Apple even more than the amount they've requested. My point was - and still is - the future hasn't been written yet.

 

[WildCowboy]

I'm confused over the wording of the article here.

Macrumours is claiming the injunction was lifted due to Samsung's claims the phone doesn't sell much so doesn't hurt apple.

This is grossly untrue and is an unfortunate bias by Macrumours (though it's an apple site, so expected)

Most other sites are reporting that it was in fact due to a United States Appeal court that Overruled the injunction on the claim that Judge Lucy Koh "abused its discretion" in it's granting.

This will likely open up further doubt in the 1 billion ruling by an already questionable Jury and now potential questions raised about Judge Koh.

I don't think that's what we claimed. We quoted a bit from The Next Web saying that the court agreed that the feature wasn't essential to the success of the Galaxy Nexus...hence the decision to overturn Koh's original ruling as overstepping.

But I'll try to make that a little more clear.