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Apple wins injunction against Samsung Galaxy Nexus smartphone

post #1 of 368
Thread Starter 
Judge Lucy Koh on Friday granted Apple an injunction against Samsung's Galaxy Nexus phone with the ruling coming on the heels of an identical decision to block sales of the South Korean company's Galaxy Tab 10.1.

A tweet and report from Dan Levine of Reuters confirmed the California court's judgment to grant Apple's request of a preliminary injunction against the Samsung handset with the U.S. sales ban to go into effect once the iPhone maker posts a nearly $96 million bond.

In handing down her ruling, Judge Koh cited U.S Patent No. U.S. Patent No. 8,086,604 regarding Siri voice commands and unified search functionality first levied against the Google and Samsung flagship handset by Apple in February.

"Apple has articulated a plausible theory of irreparable harm" due to "long-term loss of market share and losses of downstream sales," Judge Koh said.

Galaxy Nexus


The iPhone maker first filed for a preliminary injunction against Samsung's Galaxy Nexus in February on the back of four U.S. patents:
  • U.S. Patent No. 5,946,647 for a "system and method for performing an action on a structure in computer-generated data" which was validated in Apple's U.S. International Trade Commission case against HTC.
  • U.S. Patent No. 8,074,172 for a "method, system, and graphical user interface for providing word recommendations" or predictive text.
  • U.S. Patent No. 8,046,721 for a system describing "unlocking a device by performing gestures on an unlock image" or the "slide to unlock" function found on iOS devices which was successfully used against Motorola in Germany.
  • U.S. Patent No. 8,086,604 for a "universal interface for retrieval of information in a computer system" that was the basis of Friday's ruling..

The Galaxy Nexus is Google's flagship Android handset and was created in a joint project with the company and the world's largest Android phone maker Samsung. While the device has been supplanted by more advanced offerings, including Samsung's own Galaxy S III, the Galaxy Nexus remains an important piece of Google's Android ecosystem as it is part of the search giant's family of products created in collaboration with major hardware manufacturers. Recently the Nexus line was expanded with the Asus-made Nexus 7 tablet and Nexus Q media streamer.

Once Apple posts the necessary bond to cover damages should the injunction later be found unjust, the sales ban will go into effect.

Apple spokesperson Kristin Huguet echoed the company's previous stance regarding Samsung's alleged copying of the iPhone and iPad's "look and feel." Samsung did not release a statement.
post #2 of 368

Oh noes...

 

What a way to end the Google I/O week.

post #3 of 368

So what are the specific issues in this instance? UI stuff? Packaging? Cables/accessories? The handset hardware itself actually seems reasonably different for once!

 

(Obviously I realize that the whole thing exists in imitation of Apple regardless... but that’s not the same as specific claims that would lead to an injunction.)

post #4 of 368

According to Apple PR that accompanied the announcement:

"An Apple spokeswoman reiterated the same statement the company has run with since it took aim at the South Korean technology giant in a patent infringement suit last April. "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging," Apple said."

 

Pretty much a boilerplate statement since the Nexus has no resemblance at all to any Apple product, at least that I can see. The injunction must be based on a utility patent or two rather than "look and feel" as the statement from Apple would imply.

 

If I was to make a bet it involves the same data-tapping patent that got HTC nicked.

 

EDIT: Florian Mueller has posted that all four patents claimed were preliminarily judged as likely valid and infringed, but only the voice search patent qualified for a preliminary injunction.


Edited by Gatorguy - 6/29/12 at 3:48pm
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post #5 of 368
Quote:
Originally Posted by Gatorguy View Post

According to Apple PR that accompanied the announcement:

"An Apple spokeswoman reiterated the same statement the company has run with since it took aim at the South Korean technology giant in a patent infringement suit last April. "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging," Apple said."

 

Pretty much a boilerplate statement since the Nexus has no resemblance at all to any Apple product, at least that I can see. The injunction must be based on a utility patent or two rather than "look and feel" as the statement from Apple would imply.

 

Not sure what part of...

 

Quote:
U.S Patent No. U.S. Patent No. 8,086,604 regarding Siri voice commands and unified search functionality

 

...deals with look and feel. Or did I miss some nuance there? That patent was filed in December '04. Search via voice. Pretty solid ground there.

It is useless for sheep to pass laws outlawing carnivorism when the wolf is of a different mind.
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It is useless for sheep to pass laws outlawing carnivorism when the wolf is of a different mind.
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post #6 of 368
Quote:
Originally Posted by nagromme View Post

So what are the specific issues in this instance? UI stuff? Packaging? Cables/accessories? The handset hardware itself actually seems reasonably different for once!

 

(Obviously I realize that the whole thing exists in imitation of Apple regardless... but that’s not the same as specific claims that would lead to an injunction.)

 

I believe this is Apple's slide-to-unlock feature in Android 4.0.   Most of Apple's design patents have been invalidated or thrown out in courts worldwide.

post #7 of 368
Quote:
Originally Posted by Cyberzombie View Post

 

Not sure what part of...

 

 

...deals with look and feel. Or did I miss some nuance there?

Apparently you just didn't read the whole last sentence in the quote. "The injunction must be based on a utility patent or two ...

 

No nuance there that I see.

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post #8 of 368

Dang, I have a Galaxy Nexus and an iPhone; never have I confused one with the other but gotta hand it to Apple for going after the Google branded phone.  A bond of almost $100M - risking a much bigger chunk of change than the Galaxy Tab.  If they lose this one in the end, I hope Mr. Sewell is prepared to walk the plank.  

 

Apple-vs-Samsung-shit-just-got-real-.jpg


Edited by markbyrn - 6/29/12 at 3:51pm
post #9 of 368

Boom!

 

AAPL rose nicely today. It'd be nice to see that continue come monday.

 

Just face it Fandroids, your phones and tablets in their present form would never even exist, if it weren't for Apple in the first place.

post #10 of 368
Quote:
Originally Posted by nagromme View Post

So what are the specific issues in this instance? UI stuff? Packaging? Cables/accessories? The handset hardware itself actually seems reasonably different for once!

(Obviously I realize that the whole thing exists in imitation of Apple regardless... but that’s not the same as specific claims that would lead to an injunction.)

While there are four patents which are the subject of the injunction; the ruling was based primarily on U.S. Patent No. 8086604, which is defined as a “universal interface for retrieval of information in a computer system.” The patent appears to relate to a unified search tool that can be used to find a variety of different items via one indexed database. This could also refer to a unified spoken word interface like Siri, or Google’s voice search.

Additional patents include; U.S. Patent No. 5,946,647, a “system and method for performing an action on a structure in computer-generated data” and the ‘slide to unlock’ patent, U.S. Patent No. 8046721 that Apple used to get an injunction placed on Motorola.

I think "The Copyist" is a difficult assertion to deny at this point. Courts around the globe are supporting Apple's claims of infringement. No reasonable person would want their idea for the next great American novel or a perpetual motion machine stolen by someone else. The courts are supporting the idea the Apple's competitors did exactly that, the alternative conclusion is that the lawyers for Apple's competitors stink (which could very well be the case).
Edited by MacBook Pro - 6/29/12 at 4:04pm
post #11 of 368

I gotta hand it to Apple.  Kudos on the timing.  And just as the Galaxy Nexus drops to $350 too.....

post #12 of 368
Wow this is big, but arn't all Android phones infringing the same patents? Why just this one phone being singled out?
post #13 of 368

I headed over to Engadget for a few laughs, a site which I rarely visit anymore, because the comment sections are infested with ignorant trash and human garbage, but it was pretty funny and also pretty predictable to read some of the whiny and hateful comments being made by the butthurt Fandroids there. Hopefully there are more bans and injunctions coming in the future, it makes me feel good to see other ignorant people mad.

post #14 of 368

"Apple has articulated a plausible theory of irreparable harm" due to "long-term loss of market share and losses of downstream sales," Judge Koh said.

 

Wasn't this is the "harm" Apple was attempting to demonstrate to Posner?  It's harm that will happen down the line.

post #15 of 368
Quote:
Originally Posted by Apple ][ View Post

I headed over to Engadget for a few laughs, a site which I rarely visit anymore, because the comment sections are infested with ignorant trash and human garbage, but it was pretty funny and also pretty predictable to read some of the whiny and hateful comments being made by the butthurt Fandroids there. Hopefully there are more bans and injunctions coming in the future, it makes me feel good to see other ignorant people mad.

It's amazing how you judge and label a group of people simply because they choose to use a different CE device than you. And you call them ignorant? 

Why does Apple bashing and trolling make people feel so good?

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Why does Apple bashing and trolling make people feel so good?

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post #16 of 368

Sam-Suck finally gets what it deserves. Apple has 120 Billion in cash and the $$$ keep coming in. Perfect way to end Google I/O week. tiny little country less than the size of California will not beat USA. USA, USA, USA

post #17 of 368
Quote:
Originally Posted by Dickprinter View Post

It's amazing how you judge and label a group of people simply because they choose to use a different CE device than you. And you call them ignorant? 

It's not because they use a different device, it's because of their ignorance, their hatred, their stupidity, their lies and their constant bogus attacks on Apple and Apple users.

 

I would like to see Android completely destroyed. Windows 8 and other systems can be allowed to survive, because I don't really care about them. Android should die though, because I don't like their users.

post #18 of 368

Ouch ouch ouch.

 

The caning is just getting started.......

post #19 of 368
Quote:
Originally Posted by "Apple 
[" url="/t/151011/apple-wins-inunction-against-samsung-galaxy-nexus-smartphone#post_2137420"]I headed over to Engadget for a few laughs, a site which I rarely visit anymore, because the comment sections are infested with ignorant trash and human garbage, but it was pretty funny and also pretty predictable to read some of the whiny and hateful comments being made by the butthurt Fandroids there. Hopefully there are more bans and injunctions coming in the future, it makes me feel good to see other ignorant people mad.

Oh yeah, the Fandroids will be in an apoplectic frenzy all weekend - plenty of entertaining reading. Cue the "Apple thinkz they has a patent on the rectangle' mantra.
post #20 of 368
Quote:
Originally Posted by "Apple 
[" url="/t/151011/apple-wins-inunction-against-samsung-galaxy-nexus-smartphone#post_2137426"]It's not because they use a different device, it's because of their ignorance, their hatred, their stupidity, their lies and their constant bogus attacks on Apple and Apple users.

I would like to see Android completely destroyed. Windows 8 and other systems can be allowed to survive, because I don't really care about them. Android should die though, because I don't like their users.

I agree.

Courts around the globe are supporting Apple patent infringement assertions. There are very few possible conclusions:
1. Apple competitors are infringing on Apple patents which further suggests that Apple is the only company innovating.
2. Apple competitors have lawyers who are as "skilled" at litigation as their engineers are at "innovation."
post #21 of 368

I'd say salvo #1 in Steve's "thermonuclear war" just exploded.........(considering this is the first legal action that actually sounds like it could hurt.....)

post #22 of 368
Quote:
Originally Posted by Dickprinter View Post

It's amazing how you judge and label a group of people simply because they choose to use a different CE device than you. And you call them ignorant? 

 

At some point in the future, the Apple Army™ will mount an all out attack on Android terrorists and the country of Apple will have the military forces occupy the land of Google for ten or fifteen years. The final cost of the war and occupation? Seventy-three trillion dollars.

Proud AAPL stock owner.

 

GOA

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Proud AAPL stock owner.

 

GOA

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post #23 of 368
Quote:
Originally Posted by "Apple 
[" url="/t/151011/apple-wins-injunction-against-samsung-galaxy-nexus-smartphone#post_2137426"]It's not because they use a different device, it's because of their ignorance, their hatred, their stupidity, their lies and their constant bogus attacks on Apple and Apple users.

I would like to see Android completely destroyed. Windows 8 and other systems can be allowed to survive, because I don't really care about them. Android should die though, because I don't like their users.

Except you sound a bit like the flip-side of what you're railing against...

Sad that you extend it to the entire Android operating system when the e-hate we see online is not representative of the regular user base.
(Same goes for the people who make generalizations about Apple users).
The true measure of a man is how he treats someone that can do him absolutely no good.
  Samuel Johnson
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The true measure of a man is how he treats someone that can do him absolutely no good.
  Samuel Johnson
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post #24 of 368
Quote:
Originally Posted by Apple ][ View Post

Boom!

 

AAPL rose nicely today. It'd be nice to see that continue come monday.

 

Just face it Fandroids, your phones and tablets in their present form would never even exist, if it weren't for Apple in the first place.


Lets face it, Apple wouldn't be investing millions to continue to innovate and release the iPhone 3G, 3GS, 4, 4S... if there wasn't healthy competition from Android phones.  Competition = good for the consumer like you and me.  Stop being a nerd.

post #25 of 368
Quote:
Originally Posted by MBFan85 View Post

I'd say salvo #1 in Steve's "thermonuclear war" just exploded.........(considering this is the first legal action that actually sounds like it could hurt.....)

More like the nuclear trigger has been inserted and the bomb just went hot.

Christmas in June as far as I'm concerned.

post #26 of 368

can someone explain the "$96 million bond" part? they have to pay $96 million to cover damages of what?! and while you are at it, explain "the injunction later be found unjust" part?

post #27 of 368
Quote:
Originally Posted by Apple ][ View Post

I headed over to Engadget for a few laughs, a site which I rarely visit anymore, because the comment sections are infested with ignorant trash and human garbage, but it was pretty funny and also pretty predictable to read some of the whiny and hateful comments being made by the butthurt Fandroids there. Hopefully there are more bans and injunctions coming in the future, it makes me feel good to see other ignorant people mad.

So pretty much like all your posts then....

post #28 of 368
Quote:
Originally Posted by Xian Zhu Xuande View Post


Except you sound a bit like the flip-side of what you're railing against...
Sad that you extend it to the entire Android operating system when the e-hate we see online is not representative of the regular user base.
(Same goes for the people who make generalizations about Apple users).

Of course I'm talking about online only.

 

I'm not going to assault some random person on the street for using an Android phone, lol. When I'm on the subway, I usually just pity the people who I see using non-Apple phones. 

post #29 of 368
Quote:
Originally Posted by lubernabei View Post


Lets face it, Apple wouldn't be investing millions to continue to innovate and release the iPhone 3G, 3GS, 4, 4S... if there wasn't healthy competition from Android phones.  Competition = good for the consumer like you and me.  Stop being a nerd.

I don't buy into the "competition is good" argument. I find that argument to be not valid. Competition is fine, but copying and infringing upon other people's IP is not.

post #30 of 368
Quote:
Originally Posted by animatedude View Post

can someone explain the "$96 million bond" part? they have to pay $96 million to cover damages of what?! and while you are at it, explain "the injunction later be found unjust" part?


It means that if Samsung wins the litigation, Apple will have to cover the losses Samsung incurred when their product was not on sale.

post #31 of 368
Quote:
Originally Posted by Apple ][ View Post

I don't buy into the "competition is good" argument. I find that argument to be not valid. Competition is fine, but copying and infringing upon other people's IP is not.


So the notification bar, new on iOS 5 isn't ripping off Android? And the Fed thinks competition is good, that's why we have anti-trust laws. Its a very valid argument given that you "want Android destroyed."  Without Android owning 50% of the mobile usage, Apple would feel little pressure to make new iPhones.

 

And besides, why do you personally care if Google infringes on Apple? Is your pension 100% invested in Apple shares? If it isn't, I bet a portion of the Large Cap portion of your 401k (or 403b) is invested in Samsung.  Lemme guess, you're an incredibly moral person and wouldn't ever break or even bend a single law, rule or regulation.
 

Get over it.

post #32 of 368
Quote:
Originally Posted by markbyrn View Post

Dang, I have a Galaxy Nexus and an iPhone; never have I confused one with the other but gotta hand it to Apple for going after the Google branded phone.  A bond of almost $100M - risking a much bigger chunk of change than the Galaxy Tab.  If they lose this one in the end, I hope Mr. Sewell is prepared to walk the plank.  

 

Apple-vs-Samsung-shit-just-got-real-.jpg

Heh heh. As a shareholder, I am willing to forsake 0.018315% of Apple's market cap for the sheer fun of it! 

post #33 of 368
Quote:
Originally Posted by Apple ][ View Post

It's not because they use a different device, it's because of their ignorance, their hatred, their stupidity, their lies and their constant bogus attacks on Apple and Apple users.

 

I would like to see Android completely destroyed. Windows 8 and other systems can be allowed to survive, because I don't really care about them. Android should die though, because I don't like their users.

glad to see the balance restored. for all the 'idiots' that use android, you are big enough apple buffoon to even it out.

android isn't going anywhere so go take your meds.

post #34 of 368

It's a good news. Copycat Samsung deserves the preliminary injunction. 

post #35 of 368
Quote:
Originally Posted by Quadra 610 View Post

"Apple has articulated a plausible theory of irreparable harm" due to "long-term loss of market share and losses of downstream sales," Judge Koh said.

 

Wasn't this is the "harm" Apple was attempting to demonstrate to Posner?  It's harm that will happen down the line.

Posner has gone down a few notches in the eyes of many people. The guy seemed prone to hissy-fits more than calm, cool, collected judgment.

post #36 of 368
Quote:
Originally Posted by animatedude View Post

can someone explain the "$96 million bond" part? they have to pay $96 million to cover damages of what?! and while you are at it, explain "the injunction later be found unjust" part?


It is for the loses Samsung would incur while the device is pulled from shelves while the claims made against them on the product is be decided.  Remember that right now it only the belief of the Judge that they are likely to succeed.

 

It would be unfair to any company if sales of a product is blocked and they get zero compensation when it is decided they there was no infringement. If there is no infringement then it was wrong/unjust to have the injunction in the 1st place.

 

To simplify things Apple has put their money where their mouth is. If their arguments at trial fails to convince a jury Samsung infringed then they have to cough up the 96 million.

post #37 of 368
Quote:
Originally Posted by lubernabei View Post


So the notification bar, new on iOS 5 isn't ripping off Android?

Apparently not. If Google thought the Notification Center was a copy of Google's prior art they should sue. As far as I know Google hasn't sued, nor have Google's legal entities sued them for patent infringement regarding the Notification Center.
Edited by MacBook Pro - 6/29/12 at 6:14pm
post #38 of 368
Quote:
Originally Posted by MacBook Pro View Post


Apparently not. If Google thought the Notification Center was a copy of Google's prior art they should sue. As far as I know Google hasn't sued, nor have Google's legal entities sued for them for patent infringement regarding the Notification Center.

Google hasn't yet sued anyone despite a large number of patents in its portfolio both home-grown and acquired, including one filed for the notification bar back in 2009. They controlled thousands of them even before the MM purchase. Google has a completely different attitude towards initiating litigation against it's tech neighbors than any of it's competitors.


Edited by Gatorguy - 6/29/12 at 5:21pm
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post #39 of 368
Quote:
Originally Posted by markbyrn View Post

Oh yeah, the Fandroids will be in an apoplectic frenzy all weekend - plenty of entertaining reading. Cue the "Apple thinkz they has a patent on the rectangle' mantra.

Also acceptable for trolling:
"Apple is afraid of a little competition"
"Apple used to be innovators but now Timmy just wants to sue everybody"

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #40 of 368
Ditto
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