Apple Wins Injunction Barring U.S. Sales of Samsung Galaxy Nexus Phone

[PaulChowHK]

Asis Kicking USAss

This only showing that Asia is getting closer to kicking USAss. Apple could never doing this here and this is the largest market in the world. I thinking Apple scared like no tomorrow and they trying to using their money to fight with cash is king but maybe this cashing going to Samsung pocket. Asia can wait and then taking it all like they doing in other markets.

 

[Lil Chillbil]

Or even worse canada

 

[faroZ06]

The only part Samsung plays in the OS is to get it working on the device and to be able to use all of the hardware features on the device, they do not add OS specific features such as what's being discussed here, Google does. All of these features are on just about every android device, but yet Apple is going after Samsung.

I see. In that case, it would make sense for them to sue Google, but I think a blocking of devices that run the offending OS should occur too. Otherwise, what are they going to do, ban Android from the Samsung Nexus phones?

 

[mabhatter]

“I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”

“I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

And that would be because Samsung was the key provider for Apple's flash ram and screens for ipods for years. Google's head sat on Apple's board and Google got pre-release access to implement Google services on iPhone.

And they teamed up to flat out copy iPhone... they didn't even try to hide it.

it was Microsoft office/windows 95 all over again. Apple gave Microsoft pre-release Mac internals to build the first versions of MS Word (yup, on MAC first) and Microsoft hot-handed that over to their OS copy mill. Steve was right in seeing it happen all over again.

He stood on stage, Day One, and said he was going to enforce as many patents as he could on the new iPhone. Long before any of the suits started.

 

[Rocketman]

He stood on stage, Day One, and said he was going to enforce as many patents as he could on the new iPhone. Long before any of the suits started.

Given the sheer number of patents they have it amazes me how few these lawsuits hinge on. Often just one or two of thousands bring the results of the case.

 

[MacCurry]

The ruling may have no real impact except for Samsung's GNex sales to Verizon. Everyone else, like Google Play and Amazon, will shift over to a non-Samsung subsidiary in the US, who will then buy the phone from directly from Samsung in Korea.

I would bet that Samsung already has independent wholesalers in the US for their products. When the fools at Apple filed this lawsuit little do they know of Samsung's production capability and how quickly they can get devices out. There already is talk about the next Google Nexus phone, and now it may be expedited.

Apple is like Nazi Germany of 1944 that made great battle tanks, planes and warships, but simply could not withstand the onslaught allied war material which was initially low in quality and high in numbers, but by the end of the war became quite good.

 

[linkgx1]

Yep, Android sure is hindering Apple from maximising profit.

Awww hell, no I gotta deal with Android fanboys.

What I am saying is that Android has the potential to delete the marketshare of Apple thus cutting into potential customers. I'm not saying that Apple isn't making money. But Apple doesn't want to be the one left in the dust where they end up just 'being another phone'...turning into a Nokia.

 

[Akarin]

Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market (...)

I think that it is not the legal system that should prevent the loss of sales. It should be superior technology. Sadly, the tech scene seems to do battle in court nowadays.

 

[MacCurry]

Awww hell, no I gotta deal with Android fanboys.

What I am saying is that Android has the potential to delete the marketshare of Apple thus cutting into potential customers. I'm not saying that Apple isn't making money. But Apple doesn't want to be the one left in the dust where they end up just 'being another phone'...turning into a Nokia.

Very succinctly put. That is exactly what is going to happen to Apple, but the time frame will be much faster. Remember, the lawsuits only hold valid in the US and maybe the EU, but take a look at the rest of the world adopting to smart phones.

In the initial releases of Android with Donut and Cupcake, it left much to be desired, but this was 2008/2009, and 3 years later with 4.1 Jellybean we have a highly refined OS that is finally able to best optimize the hardware available. This was the domain of iOS, but it is no longer so and Apple realizes this and is now using extensive litigation to protect themselves. It will only be useful in the US for a limited time. The rest of the developing world is now starting to use a larger percentage of smart phones and Android will get that significantly larger market share. Sure iOS and Apple will be highly regarded, but it will be a niche market.

 

[jdawgnoonan]

Awww hell, no I gotta deal with Android fanboys.

What I am saying is that Android has the potential to delete the marketshare of Apple thus cutting into potential customers. I'm not saying that Apple isn't making money. But Apple doesn't want to be the one left in the dust where they end up just 'being another phone'...turning into a Nokia.

What Android is actually doing is showing how slowly Apple increments their software and how the limitations for things like background processes cripple third party apps. I have been an Apple user for years and have always liked their products, but the truth of the matter is that the archaic software rules along with the limited form factor is going to cost the iPhone market share. I was using a Galaxy S 2 and recently moved back to iPhone and honestly, I am very annoyed by the limitations on applications.

I do not understand how anyone can say that Android is a clone of iOS. To me it is like you are comparing Ubuntu Linux with Mac OSX.

Apple is destined to be in the smartphone market what it is in the PC market: A high end niche player with a high profit margin. If iPhone is what you want then it is PERFECT. If it isn't, go buy something else.

 

[marksman]

They should build a giant wall around Samsung Headquarters to keep all the criminals locked up. Otherwise they should move their headquarters to North Korea.

----------

Very succinctly put. That is exactly what is going to happen to Apple, but the time frame will be much faster. Remember, the lawsuits only hold valid in the US and maybe the EU, but take a look at the rest of the world adopting to smart phones.

In the initial releases of Android with Donut and Cupcake, it left much to be desired, but this was 2008/2009, and 3 years later with 4.1 Jellybean we have a highly refined OS that is finally able to best optimize the hardware available. This was the domain of iOS, but it is no longer so and Apple realizes this and is now using extensive litigation to protect themselves. It will only be useful in the US for a limited time. The rest of the developing world is now starting to use a larger percentage of smart phones and Android will get that significantly larger market share. Sure iOS and Apple will be highly regarded, but it will be a niche market.

Lol wut? Android is nearing eol as google works on their new Motorola devices with a google only os running on it.

 

[fpsBeaTt]

The Galaxy Nexus doesn't have Siri-like functionality.

Not by default, but it supports it and is able to be downloaded by it (s-voice).

 

[marksman]

I think that it is not the legal system that should prevent the loss of sales. It should be superior technology. Sadly, the tech scene seems to do battle in court nowadays.

How can you have superior technology if every Tom dick and Kim can just copy innovations others spend hundreds of millions and billions developing. They can offer the same technology cheaper because they steal it.

That is a huge loss for the marketplace. We need to protect this companies who spend vast resources innovating new products and technologies not tell them "yeah you spent a billion dollars creating an entire new industry but we will let these slackers copy you and profit."

 

[kevinof]

You can't download s-voice. Its not in the market as its a samsung only app. As the nexus is a Google only play, there are NO samsung apps on it.

Samsung didn't add ANYTHING to Android for the Nexus. It simply got it working on its hardware and shippped it. So why, as I and others have asked , is Apple taking Samsung to court and not Google?

Are they more afraid of Google?

Not by default, but it supports it and is able to be downloaded by it (s-voice).

 

[marksman]

This only showing that Asia is getting closer to kicking USAss. Apple could never doing this here and this is the largest market in the world. I thinking Apple scared like no tomorrow and they trying to using their money to fight with cash is king but maybe this cashing going to Samsung pocket. Asia can wait and then taking it all like they doing in other markets.

Don't cheer the fact that most Asian countries don't respect property rights. It is not something to be proud of, in the western world we call that being a thief and a criminal.

 

[Oletros]

Lol wut? Android is nearing eol as google works on their new Motorola devices with a google only os running on it.

Anything to back it or it is only nonsense?

 

[Oletros]

and Google got pre-release access to implement Google services on iPhone.

Google services were implemented by Apple, try again

 

[adder7712]

Not by default, but it supports it and is able to be downloaded by it (s-voice).

S-Voice is Galaxy S III exclusive. Though some devs on XDA had ported it to the Galaxy S II.

 

[inkswamp]

Tell that to Apple about the lawsuits they lost against Apple records. And since you're of such superior wisdom than I, please explain the suing over a rectangular shape.

Then why did for example Nintendo had to rename Star Fox to Starwing in Europe because there already was a danish vacuum cleaner named Star Fox?

Are you guys even following the conversation? Those are not patents.

Keep up, kids.

 

[KnightWRX]

With respect to the tablet decision, Koh, Bryson, Prost, O'Malley.

Care to point out which country, which lawsuits and which decisions you're referring to ? Right now the Design is 2ish - 1, not 4 - 0 like you claimed initially.

Dutch - Design is functional and probably not protectable
German - Injunction granted
US - Injunction denied at first based on prior art and then granted after Appeal's court dismissed prior art.

 

[gladoscc]

Can't compete? Bribe a single judge so they ban all flagship android devices!

 

[thatrandomguy]

Can't compete? Bribe a single judge so they ban all flagship android devices!

Accusing a judge of bribery is a serious matter. I take issue with the judge's ruling, but I wouldn't put such an accusation forward. From what I have read, the Federal Circuit court this case is in traditionally sides with inventors and is known for that. Which made Judge Posner coming down in Apple v. Motorola Mobility (Google) and throwing it out all the more interesting.

Here's Samsung's appeal (the "meat" of the appeal is 219-3.pdf). They take issue with the judge's findings for a preliminary injunction in a lot of ways, including the generalization that people bought the Galaxy Nexus specifically for Google's Quick Search Box (most Android owners I know don't even know it exists) because people bought the 4S due to Siri. Anyhow, reading it will probably give you a clearer picture of Samsung's appeal and motion to stay than I could.

I find it interesting that Samsung is saying that Judge Koh did not address two of the four prior art points they brought forward at all in the order for a preliminary injunction. That's troubling to me, unless they had already been dismissed/addressed at some prior point that makes mentioning them again moot (if so, why would Samsung bring it up again?)

Are you guys even following the conversation? Those are not patents.

Keep up, kids.

As far as I recall, Apple has sued over both trade dress and design patents (which can cover certain aspects of the device shape). I believe they used a few in Apple v. Samsung on the Infuse 4G, among other devices.

You can't download s-voice. Its not in the market as its a samsung only app. As the nexus is a Google only play, there are NO samsung apps on it.

Samsung didn't add ANYTHING to Android for the Nexus. It simply got it working on its hardware and shippped it. So why, as I and others have asked , is Apple taking Samsung to court and not Google?

Are they more afraid of Google?

Samsung shipped the allegedly infringing device. They're doing it to frustrate Samsung as the largest Android OEM since they're the company that makes/ships/supports the devices, even if it runs Google's software.

Given that the Nexus runs vanilla Android, I think Google will be forced to intervene more aggressively than they have (at least one Google employee testified before the preliminary injunction was granted by Judge Koh, speaking in defense of Samsung as an witness).

Given that Google's bread and butter is software expertise, I think they are afraid from Google - even as they try to move away from them (e.g. maps in iOS 6).

The Galaxy Nexus doesn't have Siri-like functionality.

The patent is badly nicknamed. It's a patent on search that doesn't just affect Google Voice Search but how the Google Quick Search Box (android homescreen widget) conducts searches across multiple information sources, etc.

 

[MacCurry]

Don't cheer the fact that most Asian countries don't respect property rights. It is not something to be proud of, in the western world we call that being a thief and a criminal.

That is a very racist comment. For hundreds of years the west looted Asia lock, stock and barrel. Samsung innovates. Period.

Now when the playing fields are still not level and some companies are doing well, you insist on using bogus laws to protect yourself when in the end you will only be hurting the whole of human kind from the lack of innovation.

There are no patent violations, only Apple's claims of similar concepts. Ideas have always gone back and forth through out human history. If it wasn't for Asia the west would have continued without the use of the modern number system and the concept of zero. You would have been stuck with Roman Numeral system.

 

[Kurwenal]

Care to point out which country, which lawsuits and which decisions you're referring to ?

Sorry, I can't respond to you since I am on your ignore list:

I'll move you to ignore I think. Forget I ever replied to you, that was my mistake.

LIES!! My offer to send you the three court opinions at issue, so you can read them rather than just rely on blogs that haven't read them either, still stands.....

Care to point out which country, which lawsuits and which decisions you're referring to ? Right now the Design is 2ish - 1, not 4 - 0 like you claimed initially.

Dutch - Design is functional and probably not protectable
German - Injunction granted
US - Injunction denied at first based on prior art and then granted after Appeal's court dismissed prior art.

Care to read my posts a bit more carefully? I didn't say "countries" or "country," kdarling did. So, if you want to ask about "countries," you should ask kdarling.

Instead, my statement was that, in response to a post that suggested that Apple's patents at issue in this lawsuit (which include both "phone" and "tablet" patents) may be invalid, was this:

We'll see. But so far, out of 50+ lawsuits, Apple has landed the biggest blows. Samsung has two of the largest patent litigation firms on Earth going after a really simple design patent and has struck out, so far, in front of four judges.

Those four judges are listed above by me, and are quoted in your question. See: nothing about countries. So, when you say this:

Right now the Design is 2ish - 1, not 4 - 0 like you claimed initially.

You are asking me to justify something I never said.

US - Injunction denied at first based on prior art and then granted after Appeal's court dismissed prior art.

By the way, the Federal Circuit is not the "Appeal's court." You can correctly call it the CAFC, the Federal Circuit, the appeals court, the United Court of Appeals for the Federal Circuit, the court that handles appeals that sits in a building 300 yards from the White House, or, like many would call it, the appellate court. But "Appeal's court"? No.

 

[powers74]

The ruling may have no real impact except for Samsung's GNex sales to Verizon. Everyone else, like Google Play and Amazon, will shift over to a non-Samsung subsidiary in the US, who will then buy the phone from directly from Samsung in Korea.

I would bet that Samsung already has independent wholesalers in the US for their products. When the fools at Apple filed this lawsuit little do they know of Samsung's production capability and how quickly they can get devices out. There already is talk about the next Google Nexus phone, and now it may be expedited.

Apple is like Nazi Germany of 1944 that made great battle tanks, planes and warships, but simply could not withstand the onslaught allied war material which was initially low in quality and high in numbers, but by the end of the war became quite good.

interesting analogy.