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Apple asks for US preliminary injunction of Samsung's Android 4.0 Galaxy Nexus

post #1 of 446
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Apple is leveraging four recently granted patents to seek a preliminary injunction against sales of Samsung's Galaxy Nexus smartphone, Google's Android 4.0 flagship device, as part of a new federal lawsuit that also involves other patent claims.

General details of the new suit were published yesterday, but according to a report by Florian Mueller of FOSS Patents, Apple's latest suit targets the Galaxy Nexus, parallel to a separate complaint last fall, but differing in several key respects.




Case two: All guns blazing

Mueller notes that in this new case, Apple has filed for a preliminary injunction at the same time as its ongoing suit alleging patent infringement. In the prior case, Apple filed the case first and then added a request for a preliminary injunction. As a result, Samsung argued that Apple's filings indicated a lack of urgency or necessity in getting an injunction in place.

Apple is also outlining the actual costs and damages it suffers through the availability of Samsung's infringing products.

The complaint is also based on patents that were recently issued, so as Mueller notes, "there's no more argument over Apple having tolerated infringement for a long time before bringing a complaint." Apple also portrays Samsung as "as an unrepentant, 'recidivist' infringer whom the courts must finally stop," Mueller points out.

The patents in question also related to specific, technical features rather than "software design related rights."

The four patents

The four patents Apple is asserting against the Galaxy Nexus include the Data Detectors patent Apple successfully used to win an ITC injunction against HTC: U.S. Patent No. 5,946,647 "System and Method for Performing an Action on a Structure in Computer-Generated Data."

Google's decision to keep Data Detectors in Android 4.0 even after the ITC ruled it as infringement in the HTC case, Muller wrote, "is unfair vis-à-vis HTC (whose products are weaker because they have to respect the decision), snubs Apple, and shows disregard for intellectual property in general and the ITC in particular. This is a case of willful, extremely reckless infringement."

Secondly, U.S. Patent No. 8,086,604 "Universal Interface for Retrieval of Information in a Computer System" is a "new patent related to Siri and unified search," which Mueller notes, "must be of huge concern to Google with a view to its core business."

The third, U.S. Patent No. 8,046,721 "Unlocking a Device by Performing Gestures on an Unlock Image" is the slide to unlock patent that Apple has previous asserted in other cases, including a German suit against the Galaxy Nexus. The government in Taiwan expressed concern about the patent after it was granted last fall.

The fourth, U.S. Patent No. 8,074,172 "Method, System, and Graphical User Interface for Providing Word Recommendations," Mueller described as "a word completion patent that provides major speed improvements for touchscreen text entry."

Shooting down Nexus

That Apple is taking direct aim at the Galaxy Nexus is interesting in that the model represents the latest version of Android 4.0 software, as well as being the latest official Google-led design using a stock install of Android, as opposed to devices marketed by Motorola, Samsung or HTC with layers of vendor-specific, differentiating software on them.

This takes Apple's infringement case directly to Google's Android, while focusing the damages upon the most successful Android licensee with the deepest pockets: Samsung.

The rollout of Android 4.0 is occurring very slowly, making the Galaxy Nexus the primary vehicle for Google's latest version of its mobile operating system. The 4.0 release aims at bringing a variety of enhancements and technologies originally created to enable Android to power tablets systems in last year's Android 3.0 Honeycomb release. It's also required to install Google's latest Chrome browser.

While Android 4.0 currently only represents 1 percent of the installed base of Android devices, the Galaxy Nexus also represents the more profitable higher end of the Android product range, making it more effective for Apple to target than the large volume of virtually profitless basic feature phones that also use Android.

Disrupting its feature set and forcing the removal infringing features from Android 4.0 will likely blunt the deployment of other Android licensee's high end products, making it even more difficult to earn profits on the platform.

[ View article on AppleInsider ]
post #2 of 446
he shoots!
post #3 of 446
Now we're entering middle game where Apple goes after Google's back row pieces instead of just the handset vendor pawns using Android OS in hopes of scrapping a profit after years of making flawed business decisions.

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post #4 of 446
12 patent articles in just 5 days. A new record for AI?\
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post #5 of 446
Apple's really been getting busy on the legal front these past few days.

I fully support their offensive and it's time to step up the blitzkrieg and take no prisoners.
post #6 of 446
Quote:
Originally Posted by SolipsismX View Post

Now we're entering middle game where Apple goes after Google's back row pieces instead of the HW handset vendor pawns using Android to make a quick buck out a failed business model.

This is now going to get very interesting. This seems to be a very well planned big step for Apple.

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post #7 of 446
Quote:
Originally Posted by SolipsismX View Post

Now we're entering middle game where Apple goes after Google's back row pieces instead of the HW handset vendor pawns using Android to make a quick buck out a failed business model.

...and Larry Page makes a few ineffective gestures in the air and tries to break a chair a la Ballmer.

Endgame is not far off. Apple's lawyers make Steve Jobs look like Mr. Nice Guy in comparison.
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post #8 of 446
An injunction against the Android 4.0 flagship would be a major blow to Google. I wonder when the vendors HTC and Samsung decide to call it quits and switch to another OS.

Doesn't look like Larry Page is a good chess player.
post #9 of 446
Quote:
Originally Posted by Gatorguy View Post

12 patent articles in just 5 days. A new record for AI?\

And how many worthless comments have you slathered on each of the articles?
post #10 of 446
Quote:
Originally Posted by Corrections View Post

And how many worthless comments have you slathered on each of the articles?

None were worthless AFAIK Many of them added information that members had been unaware of according to some of the responses.
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post #11 of 446
Quote:
Originally Posted by AppleGreen View Post

An injunction against the Android 4.0 flagship would be a major blow to Google. I wonder when the vendors HTC and Samsung decide to call it quits and switch to another OS.

Doesn't look like Larry Page is a good chess player.


Samsung has the Bada OS and is working on another they are calling Tizen. So they have a few moves worked out I think.
post #12 of 446
I did not realize how awesome the Galaxy Nexus is, but if Apple is that worried about this phone. I will definitely have to go check it out. Thanks for letting me know Apple!
post #13 of 446
Quote:
Originally Posted by Ikki View Post

I did not realize how awesome the Galaxy Nexus is, but if Apple is that worried about this phone. I will definitely have to go check it out. Thanks for letting me know Apple!

By your reasoning this tablet must be awesome.

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post #14 of 446
Quote:
Originally Posted by AppleGreen View Post

An injunction against the Android 4.0 flagship would be a major blow to Google. I wonder when the vendors HTC and Samsung decide to call it quits and switch to another OS.

MS uses patents as leverage to get vendors using Android to fork out large fees per unit sold. MS then gives profit to Apple to sue vendors using Android to help speed up the inevitable with most vendors eventually having no recourse but to go with the cheaper option of licensing WP7. (Just spouting nonsensical conspiracy)

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post #15 of 446
If you cant give thee more features together, sue thy other providers! Well done...
We, the Apple fans will wait for and adapt S, R, S1, S2 etc.. ensuring Apple make its money and let others die copying and failing on the lawsuits. If Nexus really infringed on the patents, why even wait until they tested the waters with HTC and also to see how much of a success it is in the 3 months of its USA launch? Was their Nexus phone back-ordered till now?
Samsung, dont invest on technology and Android licenses. Invest in good lawyers


I'm not a fan of android (rather own so many Apple products myself). But I find it hard to see someone 'blatantly' snatching 45-65% more money for the products in the name of aesthetic patents. If Apple considers reducing this margin even a bit lesser, they dont have to chase Android OEMs, but would see the Apple customer base further increase exponentially. Patents are good, but only as long as they dont hurt the customers of the reach to good technology on time and at reasonable price.
post #16 of 446
Quote:
Originally Posted by AppleGreen View Post

An injunction against the Android 4.0 flagship would be a major blow to Google. I wonder when the vendors HTC and Samsung decide to call it quits and switch to another OS.

Doesn't look like Larry Page is a good chess player.

Samsung are already preparing their Bada OS.
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post #17 of 446
Quote:
Originally Posted by GTR View Post

Samsung are already preparing their Bada OS.

I believe they've been selling it on their lower-end smartphones for awhile now. From what I've seen it looked pretty decent.

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post #18 of 446
Quote:
Originally Posted by cnocbui View Post

Samsung has the Bada OS and is working on another they are calling Tizen. So they have a few moves worked out I think.

True, but by going after the first Android 4.0 phone (which has no OEM-specific customizations), Apple is going after Google without directly going after Google.
post #19 of 446
Thermonuclear War at it's best!
post #20 of 446
Quote:
Originally Posted by Apple ][ View Post

I fully support their offensive and it's time to step up the blitzkrieg and take no prisoners.

Then they need to quit pidding around the outskirts and take the lawsuit directly to Google.
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post #21 of 446
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Originally Posted by cycomiko View Post

Then they need to quit pidding around the outskirts and take the lawsuit directly to Google.

Completely agree. That's where their issue is so go to the source and settle it.
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post #22 of 446
Quote:
Originally Posted by Ikki View Post

I did not realize how awesome the Galaxy Nexus is, but if Apple is that worried about this phone. I will definitely have to go check it out. Thanks for letting me know Apple!

You should get it while you can, before a US court orders Samsung to remove all the parts they've copied from Apple.
post #23 of 446
Quote:
Originally Posted by cycomiko View Post

Then they need to quit pidding around the outskirts and take the lawsuit directly to Google.

But, they aren't selling anything. Hard to say someone who created something and not using it i.e. NOT selling the thing is damaging.
post #24 of 446
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Originally Posted by ChristophB View Post

But, they aren't selling anything. Hard to say someone who created something and not using it i.e. NOT selling the thing is damaging.

That hasn't stopped Oracle
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post #25 of 446
Quote:
Originally Posted by cycomiko View Post

Then they need to quit pidding around the outskirts and take the lawsuit directly to Google.

Perhaps, but maybe there are some other plans in existence which we do not yet know about. Steve Jobs and Larry Ellison were pretty close, and I'm sure that they discussed Google more than a few times. Hopefully Oracle's lawsuits against Google and their Android OS makes some headway soon.

Apple can attack from the North, while Oracle has the South covered. Apple can hand over a few more patents to a Patent Troll company and they can hold the Eastern front while some of the other companies which are suing Google, like BT, can take care of the Western front, leaving Google encircled with no chance of escape.
post #26 of 446
Quote:
Originally Posted by Gatorguy View Post

That hasn't stopped Oracle

They have a long road ahead. I like Apple's approach of hitting those who are taking the cheap-n-easy path and making money from stealing. Make Android so much more unattractive that companies, and I can't believe I'm typing this, choose the lesser evil, MS.
post #27 of 446
Quote:
Originally Posted by ChristophB View Post

They have a long road ahead. I like Apple's approach of hitting those who are taking the cheap-n-easy path and making money from stealing. Make Android so much more unattractive that companies, and I can't believe I'm typing this, choose the lesser evil, MS.

I don't what makes you think Oracle has a long road ahead. Trial starts in March.

Also, Oracle's Ellison and Jobs were best friends. If Job's books is to be believed, Ellison once offered to get the financing for Jobs to buy Apple.

You can't help but to wonder if Oracle buying Java to eventually attack Google didn't at least have Jobs blessing.
post #28 of 446
Quote:
Originally Posted by TBell View Post

I don't what makes you think Oracle has a long road ahead. Trial starts in March.

Is that set in stone? I didn't think it was, instead just an "early as" date.

EDIT:
BTW, this probably had Larry spitting bullets. Not real helpful to have one of your damages experts and a top Oracle engineer say Google isn't using JavaME.
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post #29 of 446
Quote:
Originally Posted by TBell View Post

I don't what makes you think Oracle has a long road ahead. Trial starts in March.

Also, Oracle's Ellison and Jobs were best friends. If Job's books is to be believed, Ellison once offered to get the financing for Jobs to buy Apple.

You can't help but to wonder if Oracle buying Java to eventually attack Google didn't at least have Jobs blessing.

Oracle bought Sun for many reasons. Among them is keep them away from IBM.
post #30 of 446
If Google's notification patent is granted I wonder what the tone will be then.
post #31 of 446
Quote:
Originally Posted by AbsoluteDesignz View Post

If Google's notification patent is granted I wonder what the tone will be then.

It depends on what is granted and what Google thinks is infringing. You can't make a blanket statement about all companies and patents. Just look at the Spanish company that made an Android-based tablet. I think the majority felt Apple was out of order going after them.

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post #32 of 446
Quote:
Originally Posted by SolipsismX View Post

It depends on what is granted and what Google thinks is infringing. You can't make a blanket statement about all companies and patents. Just look at the Spanish company that made an Android-based tablet. I think the majority felt Apple was out of order going after them.

True.
post #33 of 446
Just as a mention, Google may have already patented a competing unlock method, filed in 2009 and published last year. IMO, this one doesn't appear to be bothered even by a broad interpretation of Apple's patent submission, which I personally don't expect anyway.

http://www.freepatentsonline.com/y2011/0157029.html

EDIT:@AbsoluteDesignz-
Thanks for mentioning a possible notification patent. I had no idea they had filed one, but your comment sent me looking.
http://www.freepatentsonline.com/20090249247.pdf

EDIT2: Could Google have applied for a patent on voice search on a smartphone prior to Siri? Certainly looks possible, and potentially problematic if so.
http://www.freepatentsonline.com/20100121636.pdf
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post #34 of 446
Quote:
Originally Posted by shadash View Post

You should get it while you can, before a US court orders Samsung to remove all the parts they've copied from Apple.

What's left, the case?
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post #35 of 446
Quote:
Originally Posted by ChristophB View Post

But, they aren't selling anything. Hard to say someone who created something and not using it i.e. NOT selling the thing is damaging.

Try giving away bootlegs of Beatle albums openly and test that theory.
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post #36 of 446
Quote:
Originally Posted by digitalclips View Post

Try giving away bootlegs of Beatle albums openly and test that theory.

Yes but come at me and get what for the $$$$$$$$$$$$$$ trouble?

Hint $0.01 on the dollar. The bigger fines and penalties are reserved for those selling Beatle bootlegs. Unless of course you're live in Hong Kong.

It's going to be a challenge cutting through Google's books looking for a profit instead of a loss.
post #37 of 446
Quote:
Originally Posted by Gatorguy View Post

EDIT:@AbsoluteDesignz-
Thanks for mentioning a possible notification patent. I had no idea they had filed one, but your comment sent me looking.
http://www.freepatentsonline.com/20090249247.pdf

I've looked over the patent. Based on my non-expert opinion a couple things stand out. First of all, going by the Abstract alone...
Quote:
A computer-implemented user notification method includes displaying, in a status area near a perimeter of a graphical interface, a notification of a recent alert event for a mobile device, receiving a user selection in the status area, and in response to the receipt of the user selection, displaying, in a central zone of the graphical interface, detail regarding a plurality of recent messaging events for the mobile device.

... and then looking by the images the patents show the notifications at the top as a bar it would appear that Google has a case. But then I consider the date of the filing, some obvious things like perimeter, graphical, etc. that are obvious, and WebOS use of a notification system that Android looks to have copied (except that it's on top instead of on the bottom.

Google or Apple may have licensed from Palm/HP as far as we know. Something strikes me as off about Google's patent in regards to being able to sue Apple but I can't quite express it in words. If it comes to me I'll try to state it clearly.

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post #38 of 446
Quote:
Originally Posted by Ikki View Post

I did not realize how awesome the Galaxy Nexus is, but if Apple is that worried about this phone. I will definitely have to go check it out. Thanks for letting me know Apple!

Just a so-so first post troll. We'll give you another week or so to get your act together but then we take the gloves off.
post #39 of 446
I dont think the Samsung Galaxy Nexus will be a danger to iPhone .
post #40 of 446
What if Samsung stops making the A4, A5 and A6? Wont this pretty much halt all Apple sales? this is getting out of hands.
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