Galaxy Nexus

Samsung's request for a stay in the potential Galaxy Nexus sales ban was denied this evening by U.S. District Court Judge Lucy Koh. As everyone knows, Judge Koh decided last Friday that she feels Apple would win at least some of its case against Samsung for patent infringement, and suffer damages substantial enough to warrant a ban on the sale of the Android flagship phone. Google says it has worked out a patch that will allow the Nexus to be sold, but as it stands now as long as Apple is willing to pay a $95.6 million dollar bond sales of the Galaxy Nexus will be halted.

This is a very similar ruling as the one handed down last night for the Tab 10.1, also by Judge Koh. While we all want to smack Apple's lawyers around a bit for their innovation by litigation style of business, the real blame goes to the folks in offices who allow patents on vague ideas to stand. Apple knows they can get this style of justice as long as they petition enough courts, have plenty of money to spend on them, and have seen just how great Jelly Bean is. I can't blame them for trying to keep as many eyes off of the Nexus with Android 4.1 as possible. It's good business, even if it's bad for consumers. #boycottapple

Update: According to The Verge, Google may be pushing out an OTA update to resolve this as early as tonight. This OTA would take away local search on the device and redirect everything to the web. Remember -- you can ignore the OTA if you like. I will be.

Source: All Things D

 
There are 83 comments

KingGinger55 says:

Jerry that sounds like a really low price. "but as it stands now as long as Apple is willing to pay a $95.6 dollar bond sales of the Galaxy Nexus will be halted." Heck ill pay Apple that amount to drop it. #boycottapple

ghost010 says:

I fucking hate APPLE!

mcduffer says:

Can I just say "fuck you Apple"? They know Android is better and they are losing. Jelly Bean >iOS anything. Crapple.

darb says:

as I agree that the patents suck maybe apple should get off there dead asses and actual come up with something innovative again.

TUNDRA35 says:

It's still frustrating. Hopefully it all works out cause the gnex is a phone.

dtreo says:

Astute observation for it is, as you note, ...a phone.

Mindoversoul says:

I completely agree, the Galaxy Nexus is indeed a phone. Excellent deduction sir.

TUNDRA35 says:

Haha I just got home from work and saw what I posted =p i ment the gnex is an amazing phone and hopefully it all gets sorted out lol.sorry guys =p

AndroidUK says:

$95.6 is not much - I thought they'd have to find millions

Jordan2348 says:

it's $95.6 million, typo, if you check out the source link it says million

AndroidUK says:

I know - I was just pointing out the typo with 'British' humour - the typo has been fixed now anyway.

JD MBA says:

The British have humour?

craigrn16 says:

Google you better not take away my universal search which you had on your phone first BEFORE the iPhone. Damn I hate the U.S. patent system!!!!!!!!!!!!! What does Apple think if they take away core features of Android everyone will just up and go buy an iPhone.

DrDoppio says:

I think Google should take it away, and allow adding it back OTA. That's why it's called SOFTware, because you can change it at will. Appple has nothing on the GNex hardware (unlike the Galaxy Tab, which is banned for design similarities); therefore the phone itself has no reason to be banned. If there's any software that is found infringing, then just put this SW on a server somewhere and let those who want it install it themselves.

NoobTube says:

I do not even understand what leg they have to stand on. They are literally just trying to prevent competition. No real patent infringement.

mech1164 says:

And here we go. In both the Patent and Judicial systems, COMMON SENSE is never used and is actively shunned.

I don't want a fix I want Google to hit Apple back and make them think twice about starting this.

frettfreak says:

wow. funny considering android implemented it first.

I really wish google would just go for hte jugular with apple. Does google NOT have a patent for the notification pull down? cause that will be the next thing apple tries to sue for!

I will burn in HELL before i buy an apple product, and this is exactly why. as a company, they are sh!T!

MowDownJoe says:

The patent is still pending. I have no idea how Apple gets their patents rushed through.

They pay?

I really hope Google put that patent to good use once it's gone through...

mrbanks says:

fuck you apple.sent from my Gnex

Is that FIX going to be OTA?

eLCruz says:

Fascist apple scumbags! Make better stuff, don't payoff judges! Just cause people don't want your CRAP, you keep them from buying what they really want! Sounds Hitleresque to me! Whats next, android concentration camps!

vindi1505 says:

Please Google.. do something!!..fu** Apple!!

ItsaRaid says:

Apple is not hurting Samsung, their a thorn in Samsung's side. APPLE is trying to withhold technology from us that's not branded with their name on it.
They are hurting us, The Consumers, no one else and they know it. Money and Politics. Mr. Tim Cook and your Merry Band of Attorney's, I hope that Samsung will join forces with Google and all the GOOD Consumers you continue to screw over royally and join Steve Jobs in his resting place.
Apple, your day is soon to come and all of the Consumers you screwed will give you back what you are truthfully entitled to, warmed over manure.

AndroidUK says:

The US patent system is seriously flawed and only seems to serve the US legal system at the expense of true innovation and consumers.

Small_law says:

So, will this make my GNex suck? What will be changed?

zhecht says:

No local search from the search bar. In other words, the search bar will be a web search only -- no contacts, appointment, or other local data.

DrDoppio says:

Oh, one can do that?

I really wish that Apple would stop focusing on issues like these, and focus on continuing to create a solid product so that both Google and Apple are forced to keep trying to "1-up" the other.

Competition = creativity

I would hate to see the industry get stagnant due to, when you really get down to it, petty patent issues like this.

DrDoppio says:

Apple knows that it makes most money by releasing one phone per year, updating the OS once, etc. With Google coming up with new stuff all the time, and Samsung, HTC, Motorola trying to one-up each other with a new and better phone several times per year, it's impossible for Apple to keep up -- so it tries to stall the others instead.

milesmcever says:

So let me get this right the case against apple where they are using motorolas technology to connect to cell towers was thrown out because they could not figure out how much apple owed. But this one where the judge says they might have a case is up held but was thrown out months back, anyone else thing some money just exchanged pockets?

masterpfa says:

Certainly seems like it. The same judge, Judge Smith (name changed for legal reasons) has supported Crapple on two separate claims against Samsung and Google.

I think an independent enquiry should be carried out on him (sex also changed for legal reasons)

irogers says:

PLEASE SIGN THE PETITION AND TELL APPLE TO STOP THESE STUPID LAWSUITS
I WILL PERSONALLY DELIVER THE SIGNATURES TO APPLE HQ

http://www.change.org/petitions/ceo-of-apple-stop-filing-pointless-lawsu...

jean15paul says:

I just signed. Fyi, you need the go and correct the spelling of Android in the overview.

victor3451 says:

Does someone know if there's a way to send feedback to Google about Android?
Since ICS we've had banding in the background of holo apps and some wallpapers, and the same thing is present in Jelly Bean. In fact Jelly Bean's official wallpaper has artifacts/banding ¬¬

spagmuff says:

It's a hardware problem with the AMOLED screen. It happens to all Gnex's.

Eric Rossman says:

Turn off "auto brightness" and your problem will go away.Be it LED tech, or LCD tech, they both show specific defects when the auto brightness is enabled. I personally have sent multiple requests to Google about this; requesting that the user should be able to set a preferred minimum brightness when in auto mode. Until that function is brought into the fold, there will always be patterns and variations in the lowest brightness setting. This could easily be borrowed from the user setting on the manual brightness, essentially making the manual setting the range-setting for auto mode as well.

I personally bought the SAMOLED+ screen device for the deep black and full saturation in lit-pixel colors. I keep my screen very bright all the time, with a short timeout for the screen-off. My last phone was LCD tech and showed streaks and banding at certain brightness levels as well. I just set a manual setting that minimized the artifacts and kept it there.

-good times
:)

So Google got a fix and that makes that stupid Apple patent obsolete, its a software patent which can go archaic anytime soon with the way Android quickly innovates leaving Apple with more crap Apple.In some way fellow Androidians look at the bright side this might make Google speed up Jelly Bean OTA to Gnex with the patch. Apple will get burn one day... what goes around comes around.

centerwaters says:

As much as I hate Apple right now, I do NOT blame them.
They are a for-profit business and it is their right to make
as much money as possible using every tactic available.
(technical, marketing, and of course, legal) They have
very good lawyers who know how to work the system to
their advantage.

Google and its hardware partners should not sit around
and play nice guys. Does Google not have enough case
to hire a team of 1000 lawyers?

I vote with my money. If Google/Android has a better
phone, I buy it. (which is the case right now) If Apple
someday decide to make a much better phone, then my
money will go to them.

albokay says:

Wow, finally a good side to getting an OTA OS update months later on the Verizon Nexus.

deltatux says:

Goes to show you that the US patent system doesn't foster innovation, it discourages innovation in fear that you get slapped by patent trolls and judges who don't really know much about technology.

The answer has always seemed obvious to me: strip out any offending feature so it's absent when I buy the phone, and then offer it back to me as a user option feature. Hellooooo! Are you listening, Google?

makailey3111 says:

At least now we know why Apple products are so expensive!! Not because they are the best products, it's because someone has to pay the lawyers when they sue everyone!!! Apple needs to grow up and beat android with a better product

richardpandy says:

What I really don't understand is why Google can't invalidate the patent that is in question. As far as I recall, this is a feature that has been available on Android pretty much since day 1. Can't they just show that "hey, before the patent on record was issued, we already had devices doing this same exact thing so how can Apple have the patent?" If its not what they have had since day 1, then OTA it and get the Nexus back in full swing. I really dislike how Google has just sat back and not really done anything with these patent wars. I understand that Google doesn't have the biggest patent portfolio but damn, step up.

tayl428 says:

In my patent experience, the problem with your question is that it will take time. It could take weeks or months for a ruling in Google's favor, and AAPL will happily tie it up in court. The Nexus is coming much sooner, and while your comment is the correct method for overall goodness in the world, the GNex can't wait that long, it has already been produced, it HAS to be released NOW or fight it and face launching 6+ months later as a much lesser device. At these late moments in a product launch cycle, it's MUCH better business to just bite the bullet, change the software (especially since they are not major selling points of the overall phone software), and still come close to a launch date.

Phoenyyx says:

Just another reason for me to dislike, and not buy or support any apple devices.

robotaholic says:

send the phone's data to the web and encrypt it. Then when a user searches, they can continue to search the web... and boom, no patent infringement.

mroddriguez says:

Galaxy Nexus just get more popular.. I want one NOW...

Roto-Rooter says:

People just don't get it. Software patents are here to stay. They are now the weapons of choice for large corporations that seek monopolistic ownership of their markets. These are the same corporations that purchase our politicians every election and prevent any change to patent law that would prevent software from being patentable in the first place. Our system is rotten to the core and can't be fixed without campaign finance reform (which no politician for either party would ever be interested in). There is no hope.

JHBThree says:

Whine much Jerry? This judge knows more about tech IP issues than anyone here, including you.

Sources?

I've went over Judge Koh's resume at length. She has zero qualification to make rulings on "tech IP" issues (she does have an interesting career though). The good thing is she doesn't need any. The USPTO has made their decision, and all she has to do is carry out the law. This is not a matter of a technical merit issue, but a matter of violation of a previously granted patent or trademark. Judges don't grant patents or trademarks, They only enforce them.

Google will get this ruling overturned when they have USPTO re-examine the patent (which may be why Apple hasn't coughed up the 96 million) as they have prior art of their own that invalidates it. Had you any serious interest in the issue, you would know this already from simply reading the thoughts of folks who do have the legal experience needed to decide "tech IP" cases. 

Or do you really think Apple has lawful rights to unified search of multiple sources? By all means, if you have information that's different please direct me to it. Until then, I'll whine, and not give a damn who likes it.

Yadao says:

<3

geh1 says:

Brilliant, hats of for you sir.

hawklet00 says:

I dont usually reply to comments, but awesome reply jerry, it made me laugh a bit...

DrDoppio says:

Respect!

Mes3 says:

I know Samsung doesn't want to lose out on money, but I wonder what Apple would do if Samsung stopped selling them parts. Samsung has to be sick of this as much as anybody.

chiton010 says:

I used to be an apple fan, used to buy load of s&*t from them. Ever since they brought law suit against other company they lost a loyal customer. I switch to android permanently ever since. I love technology i like to see more choice out there.

PJmatt says:

Contact their legal department: http://www.apple.com/legal/contact/

I've definitely spent a lot of money in my lifetime on Apple products. My first computer that was actually mine and not shared with my parents was a graphite iMac. I had an iPod Touch when it first came out. I've had iPhones (granted, I had a Droid Eris first, then tried an iPhone with a prepaid SIM and then got a Droid, been back and forth ever since), owned a few MacBooks over the years...

But now, I won't spend a dime on anything they create. This isn't just about Android to me, it's about unfair business practices, patent trolling, and threatening the landscape of software and operating systems in general. System-wide search is such a basic, essential function featured in every OS - mobile and desktop. If Apple can own that and push an entire line of devices off the market, it will be a bleak future for computer software.

afazel says:

But...Android had local search in Android 1.6--well before iOS had it.

group7access says:

iHateApple. Is there an email address we can all contact Apple at and express our disappointment?

DrDoppio says:

stevejobs@apple.com

Oh, wait...

Small_law says:

You know what Apple is? Falling behind. Its OS's are old and I feel like iPhone has hit its peak. I do see a lot of them...almost too many it seems now, the way RIM was in 2006.

jdunn says:

Google needs to just sell the hardware with no software on it, and then the first time you turn it on it pulls the software and updates the phone. Can't sue someone for an open source spftware patch can you? Unless I am wrong. Besides, Nexus phones are marketed for the tech savvy crowd anyways. I am sure that an "unofficial" patch will get circulated to restore the functionality anyways. The beauty of an Android phone.

So glad I bought my Galaxy Nexus yesterday.
Apple's a dick for abusing the patent system, and the patent system is a dick for not improving on how terrible it is.
I'll be sticking with good ol' Jelly Bean for a while

moises1204 says:

one thing i could never understand is, how apple get away with suing everyone and when they get sue back they go crying foul and complain that is not fair, and these money hungry judges believe them, just because apple pay their way out.

jerrod6 says:

I want Google to do no evil. Do no evil to the Android ecosystem and it's users. What they need to do is apply for a patent for every idea they have. Patent Google Now! Patent every change they make to the notification system. Patent everything they do. The patent system IS broken but even so Google needs to use the broken system to their advantage

Google - do no evil to Android. Do no evil to US.

dallasfever says:

Yea......Google would patent it's way out of business. Most technology in today's cellphones is already patented. Even the stupid glasses that will be coming out. Some large company has a patent in something in the hardware and software. Apple pretty much reinvented the smart phone, reason they own so many patents "of course Apple customer's paying full retail as well" helps finance legal fee's. Google cant patent free information to the internet. They also wouldn't stop Apple from using there servers for customers to pull information. That's their largest source of income. What Apple pays in legal fees, Google makes up in Google searches on this matter. It just hurts Google in the long run because they want to stay relevant with Android. Too much money put into the technology. Also Google is known for searching. They wouldn't pull contacts and app search from phones. They would just use a totally different method to call up Data on the phones.

MERCDROID says:

If Apple continues down this path of litigation I honestly see them A) becoming the next Microsoft and being tried for Monopolistic practices for years to come, or B) becoming the next RIM/HP and creating non-innovative products that no one would buy, not even hardcore Apple customers. Besides, if Apple ever did "thermo-nuclearize" (not sure if that's a real word) Android, I would jump ship to Windows Phone before Apple even crossed my mind.

FCO2011 says:

I would post a longer, more detailed post on my view of this, but due to lack of time I think this will suffice to describe my feeling on the issue as a whole.

BULLSHIT! FUCK YOU APPLE, FUCK! YOU!

doesn't the search in the start menu of Windows 7 have the ability to search both the internet and the local machine plus any mapped drives??

wickid_d says:

I have one word for everyone.. Linaro.. Once it gets implemented into the main aosp branch, there will be no stopping Android because that is THE dominating factor, whether it's on gnex, or in jelly bean, or neither. I tried out a rom on my nexus s 4g that had Linaro implementations, and let me tell you, the benchmarks were seriously impressive. I utterly hate Apple and the 'let's steal everyone else's technology to adapt it to suit our needs' way of thinking - they've done this for a few decades now, and it's seriously getting old, fast, and this is just the icing on the cake.

Screw Apple, and the iTards that follow them.. In fact, I have a banner on my fb page that's all done in andy apps that spells out 'fuck your iphone' (yeah, that took some time to do, lol), in retaliation to the 'fuck your smartphone' one done by an iTard..

Peace,
~WickiD~

masterpfa says:

What ROM did you try with the Linaro implementations? Would be interesting to maybe try it out.

wickid_d says:

If you're referring to the Nexus S 4G, checkout xda under nexus s 4g's sub-forum under the s's forum, it's in there. There's definitely a performance increase, but I don't believe the dev on that rom has any intention of updating it. It was something he was playing with and decided to share it.

demiles says:

Apple is doing this because they can get away with it. The system allows it to happen. Even as I type this from my iPhone 4s I'm think WTF Apple. Use that money on fixing your damn email push system!

DrDoppio says:

Apple is doing this also because people who buy their overpriced dumbed-down products allowed them to become the biggest company in the world. Think about it while typing on your iPhone 4S.

FanDroid619 says:

Honestly, at this point, I really don't give a crap what Apple devices can or can't do. iOS is a very boring OS and it isn't for me. Now with that being said, what really pisses me off about Apple is that they are trying to control what devices can or can't be put in the hands of consumers and they're only attacking the BIG ONES (HTC and Samsung) because they know for sure that these companies along side with Google are far more innovative than Apple will ever be at this point. Them Apples have gotten stale. I'm gonna grab me a handful of Jelly Beans. Cheers.

chubb says:

HTC just beat apple in the courts. Hopefully Google and Samsung can KO apple too.

http://www.telegraph.co.uk/technology/apple/9375829/Apple-suffers-High-C...

jittyg says:

Couldn't google or an app developer release a universal search app in the market?

demontooth says:

I convinced my wife yesterday that I need one. I was going to buy it last night. Fuck you apple.

Lttlwing16 says:

Few things...

1) If it's possible, Google should block Siri and Safari from querying Google search on the web all together. Shunt iOS users to bing or other mediocre search and let them reap what they sow. They can keep their "local" search..

2) Google should consider removing all their services and search abilities from all ios devices. Blocking all google search abilities on ios would have apple users wondering why their coveted iphone/ipad/mac sucks, and apple scrambling to take on a search giant. The mosquito is trying to take on the t-rex here...

3) Interesting how apple isn't going after s-voice, a true siri rip off, on the SGSIII, instead choosing to go after the Google flagship phone with a search function that has been available from the earliest versions of android. (this may be next on the apple legal docket..)

4) I think Jerry is right.. Apple has to know this effort will turn out to be futile in the long run. If otherwise, they would have dropped the 96.5 million down up front and stopped sales immediately.

5) Can apple sue the hundreds if not thousands of developers who will develop ROMS with this patent infringing "local search" function still intact? Silly "geniuses" ..

6) I hope that Apple sees they shouldn't bite the hand that feeds them..I don't hear people saying "Let me Siri that" ...I hear "You should Google that" ..

kx250ryder says:

Google needs to buy what's left of Palm/HP/webOS patents. The Pre had universal search, and even blatantly connected to iTunes pretending to be an iPod.

For Apple not to have sued Palm means that Palm must have had the atom bomb of patents to throw back at Apple, whatever that was.

AndroidBaum says:

Forget the Apple injunction on quick search box for Samsung Nexus and Galaxy S III. This new app on GooglePlay does most of what was removed because of the injunction http://bit.ly/NG8y7b