Galaxy Nexus

Rene and his team over at iMore got their hands on a copy of Apple's takedown notice that's being sent to retailers who stock the Galaxy Tab 10.1 and Galaxy Nexus. According to their source, they received both electronic (fax or e-mail) and physical copies of their demands, the text of which follows:

Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)

[Name redacted]

We represent Apple Inc. in the above-referenced action.

We enclose a copy of the June 26 preliminary injunction ordered entered by the U.S. District Court for the Northern District of California in this case together with a copy of Apple's U.S. Patent No. 8,086,604 (the '604 patent'). With the posting of the requisite bond, the order is now in effect.

The order provides as follows:

For the foregoing reasons, Apple's motion for a preliminary injunction is GRANTED. Accordingly, Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC; its officers, partners, agents, servants, employees, attorneys, subsidiaries, and those acting in concert with any of them, are enjoined for making, using, offering to sell, or selling within the Unite States, or importing into the United States, Samsung's Galaxy Nexus and any product that is no more than colorably different from the specified product that infringes on U.S. Patent No. 8,086,604.

(emphasis added).

As the italicized language provides, the order applies not only to the named Samsung entities, but also to anyone "acting in concert" with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing Samsung's Galaxy Nexus.

Please comply with the order by ceasing immediately to engage in any of the specified acts (e.g., importing, offering to sell, or selling within the United States) in connection with the Samsung Galaxy Nexus and any product that is no more than colorably different from it and embodies the '604 patent's design. At a minimum, Apple believes compliance with the Court's order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.

Please contact the undersigned if you have questions.

Along with the letter came the pertinent US District Court ruling, weighing in at another 100 or so pages. It's clear that Apple is in this until the very end, and will use any tactic available to them under the law to carry on their feud with Samsung. Meanwhile, the fact remains that the ban on the Galaxy Nexus was lifted, and even Samsung admits the Galaxy Tab 10.1 is an obsolete product. To us, this seems like a lot of money being spent (guess who eats that cost in the end?) that could be used to build inexpensive 7-inch iPads and larger screen iPhones, like consumers seem to want. The scanned copy of the letter itself is after the break.

Source: iMore

Android Central


Reader comments

This is what an Apple takedown notice looks like


I bought an iPad a couple days ago because of the super high res display, but the OS is killing me

The only advantage it has left is its smooth performance.. I never really appreciated the whole "intents" system until it wasn't there for me. Forget rooting, the whole OS is super locked down in so many ways

- I can't download MP3s from my Amazon Cloud Drive and play them with the built in music app (wtf?)

- I can't use any web browser other than Safari (even Chrome is just a Safari skin)

- No way to replace the 5 year old home screen with something modern

Another problem is there doesn't seem to be much high quality open source software available.. stuff like FBReaderJ and CarCast are sorely absent

I was thinking more whiny old grandmother.
Oooh someone stole our idea... Hey are done making the next version of safari you know the browser like all the ones before us?

Don't forget the words Contempt of Court.

The ruling was stayed by a higher court. Apple failing to mention that could be setting themselves up for humongous fines.

Yes desperate to be the only technology thieves in the industry. Apple has made a fortune for years from taking others ideas. All the way back to the mouse. Sharing technology is essential to development. That's why android Google AOSP and all open source projects will always be leading edge. Sorry iTards

They are just following through with what they started. All this talk about them being scared or desperate is just that talk. Wether you like what they are doing or not they are a business out to make money.

Thanks Jerry for the information, yes Apple seems to be the loser in the end.
But after all the crap Apple been suing everyone, I do have one question for Apple! How soon Apple will sue NEONODE for the Slider to unlock the phone? I guess Steve Job had this patent back in late 70`.

I have anecdotal evidence of my invention of the Cloud back around 1986! I WIN, EVERYONE PAY ME!

Oh, by the way, I was 5, and I was telling my daddy, who has since been yelled at for not seeing my genius earlier... DAMN YOU DADDY!

*checks his UPS tracking number for his Galaxy Nexus purchased on Thursday, shipped on Friday.* Gee Apple, that's funny. It doesn't look banned from where I am sitting. Could it be you're harassing innocent retailers? That just seems mean.

Hehe how ironic, I too ordered a Gnex on Thursday and found my order updated with a tracking number this morning that has unfortunately remained MIA as far as the UPS website is concerned. Grrr. :)

Dear Apple, I DO NOT want and I DO NOT like your iphone. Please GTFO and let us choose and buy what WE want
With great disprespect.
Faithful Galaxy Nexus user.

what a (*&^%$^%#%$@# move. i'm really getting tempted to sell my ipod touch now with news like this and the fact that jelly bean supports usb audio.

Get over yourself Apple and start innovating again. Push the envelope on design instead of whining and complaining. Step up or shut up Apple.

You know, the good thing about having an Apple product like your ipod touch is that you can trade it into gamestop (they have an apple product trade-in program) for credit towards the Nexus 7. I did the same for my ipod classic (my smartphone is my mp3 player now) and that became over $100 off my purchase, it's a win-win :-D !

In the end...Apple really doesn't win, ever. The bans get lifted, or never happen, and it's usually a fix that takes almost nothing to do. There's always a workaround to get past these bans, so what is Apple achieving?

What they are hoping to do is confuse distributors. They will tell everyone they can't sell the nexus knowing the ban will never really show up and then never tell the distributors that the ban is off in hopes they can prolong a bogus ban. I hope Samsung sues the dog shit out of apple for any lost sales due to this. They should also create a anti sue tax on all processors they sell to apple to make sure that icrap gets so expensive failure would be the only option

If I was in charge of a retailer or reseller I would respond to this letter by saying "ok Apple we will comply, and as we will not stand for your methods here's all our Apple inventory back as we will not be selling, consenting to sell or importing any Apple products". Problem solved.

Apple needs retailers and buyers to survive. Stop supporting a company that interferes with the progression of technology...

You would not be in charge of a retailer for very long if you say you are going to refuse to sell some of the more popular consumer electronics in the world.

These arent apple stores.. Their true income doesn't come from apple device sales. Im more then sure they can take a small hit. Even more so. I think some of the larger business would love to partner with google and get a google booth opened up.

lol. millions of dollars is a small hit? hehe. these partnership contracts are so easily begetted, right? i'll clue some of you in. even if the visible profit margin is 1%-2% of total, it's still huge. that's not counting the profit opportunity that you can get from future Apple products. in just a few years, they pioneered mp3 player & stores, then cell phones, then tablets. who knows what will come next. a lot of retailers are not willing to take that risk and if you had a small hint of sense, you would realize that. i hate apple. i will never buy an apple product because i don't like their restrictions. but i don't let exaggerated emotion take over my logic.

the ban was lifted, so Apple resorts to begging retailers to don't sell the phone. wow i can't even react big enough, i don't even know how to react to that.

All of the iMore comments even say how stupid this all it. The only ones who think this is a great idea are the moron Apple Lawyers. I really feel bad that Apple will spend Millions knowing, like Jerry already pointed out, that only the consumer will be paying out of pocket for all of this.

Wow.. cry some more apple :-) I think it just funny.. they know what the future will bring and are trying to postpone it as much as possible before they fall back to niche status..


I guess no one ever told you it's not a good idea to burn every bridge. You have a few products out right now that resonate with would-be customers. You're making a lot of money and you have expanded much. However, what goes up must eventually come back down. What happens when iPhones and iPads are no longer of interest to would-be customers? What happens when one day you need Google to support you? Or you need Samsung to support some future product? Like when you were all desperate and needed Microsoft's support in 1996. You settled your lawsuits got a $125 million, and begged Microsoft to continue writing office for your little operating system cause you guys were 90 days from bankruptcy.

This is a huge industry. Samsung is in it for the long haul, just as Microsoft and Google are. But you Apple... you depend on trendy eye catching products that people don't actually need. You sell lust and desire. And that's working for now. It won't always work. Business will continue to want Windows, Office and Windows Servers. People will continue to search the web and buy advertising. iPads and iPhones can easily be replaced with Android phones and tablets, or Microsoft's Slate. Apple, you could easily find yourself cut off from 80% of your revenue.

Frankly, you're pissing on your own would-be customers. Your tactics are not appreciated by the public at large. We customers like choices, which you do not provide. We value openness, which you don't want. We value being able to fix, hack and explore. Apple values closed systems we can't even replace the battery without it being a major ordeal.

Apple, seriously, how long is this going to last? The way I see it you can piss on your customers for so long before they realize it's not rain and you're not on their side at all. You work against us not with us.

I have a strong feeling that if Microsoft invented the iPad and the iPhone and you were still the underdog company, you'd be begging for open systems, no more software patents and some way of competing on merit. You've chosen to be the bad guys.

I've seen this happen many times. Companies like yours forget that they are hurting their own potential customers. And when those potential customers finally leave, you guys come back with your hat in your hand, you head held low and you talk of change and beg us to just give you a chance. You won't read this little soapbox message I'm sure, but I felt compelled to write it anyway. Just for myself. Because Apple, you're screwing up big time and I want to say I said so. I want to express how stupid companies can be and I want to say I told you so. Keep doing what you're doing Apple. Salting the Earth in the end is a bad idea. You'll realize this when you get your head out of your ass. Until then, best wishes from a former customer too disgusted to spend money in your store.

I agree 100% with what you are saying. I was looking to buy an iPad mini (if and when it's launched) to go with my Nexus 7, but that will depend on if Apple can get their act together.

This letter to Apple will only work to an extent. It makes sense to an outsider. However, I think Apple has inside information that is contrary using their own collected data that shows them market demographics. We, who read these kind of niche news, are in the minority. The bigger share of buyers are stay-at-home housewives, idol loving teenagers, non-geek male professionals, and the i-just-want-shit-to-work general public. Apple will react the same way AT&T and the other big cell carriers react to minority complaints. They will ignore it hence the reason why they removed the unlimited data plans even without notice or your permission. It's the bottom line guys. :)

i can only hope that in june of 2013, my wife will want to be done with the iph0ne and we will again be an apple-free family. apple can cry and whine an sue all they want, but they're just starting to show their inner selves, litigation rich - innovation poor.

i wish so too, the only reason my wife stays with the iphone is because she as small hands and these 4.3 inch phones dont fit in her hands well, lets hope some great 4 inch phones with amazing specs come out then

Retailers could and should publicly defy Apple here and publicly point out that the letter is false on its face as the Galaxy Nexus is not under any ban or injunction, and no one carries the Galaxy Tab 10.1 anymore.

There are few people who hate knock off products more than I do, but the tablet was around long before the iPad and a lot of the IP involved with these devices, which Apple themselves use without licensing it, is older than Apple. I don't know if I'd call this move desperate, more like a pre-emptive strike. It's annoying and only legal because our patent system is broke and our judges aren't tech and business savvy enough to realize what Apple is up to. That, or they're in Apple's pocket, which I wouldn't like to believe. I'd threaten Apple with never buying one of their products again, but since I never have and never will anyway, it would be a toothless threat.

Apple is the embodiment of corporate greed. They could easily spend that time and money to actually innovate and create new and useful products. I'm never buying another apple product.


i guess no one is listening to apple, cause you can still by the nexus from places like amazon( i just bought one the other day), walmart, best buy and so on.

This is -borderline- ridiculous and delusional.. WTF? Does Apple suffer from DID and they think they are the Supreme Court maybe?

There's implied language in there that Apple wants other products removed from shelves as well ("and any other product that is no more than colorably different etc"). Do they think that this letter will cause retailers to remove all Android devices from shelves? I mean, that's their goal in the end, clearly.

If they are trying to force retailers to take a side, it's going to end badly for Apple because they have their own retail stores. They are not just a company that makes stuff these guys sell, they are also competition.

Not to mention that Android phones, for now, take better advantage of the capabilities of mobile networks (LTE and such). This is why, if you walk into a Verizon store, the reps will be pushing the high end Android phones on you instead of the iPhone (which, in my experience, they've pretty much ignored). This may also be because they get lots of customers who come in knowing that they want the iPhone, however.

They push the Droids because the profit margin is much higher on them than iPhones. They would be much happier if all they sold was Droids, but with the demand for iPhones so high they are pretty much forced to sell them.

That's a good reason to lower the subsidy on iPhones and to sell them at a higher price to the end customer, instead of having Android users to indirectly support Apple.

A part of me wants to believe this. There is a conspiracy part of me that believes these notices are fake and only serve to stir things up.

Certainly, retailers must comply with a court order, even when it sucks as hard as this. But letters like these are for huffing and puffing. You can get your point across in about 6 sentences in a cease and desist letter. No firm does that because the client expects scary and small minds find thinly-veiled threats intimidating. Letters like these have some bite, but no one needs to get worked up over the garish barking.

And why is the signature block blacked out? Who did that? No firm cares if you find out who they are in one of these things. Heck, it's advertising. And representation is public record. The attorney names are on the docket. So, who exactly leaked this?

Edit: some bigger firms will hire smaller local firms to do letter writing grunt work like this. It may not be Apple's primary counsel.

The I-More gang who write about this including Rene thinks this is good business. Good Business my ass!!! Apple could pull a fucking gun and they would think it was good business. When people can close their eyes to such sneaky business practices then it is time to look at the big picture. Apple is acting like a ship in a hurricane that is grabbing for a life line. They are not controlling the market as they once were and are very worried about this Android machine. Android keeps adding great innovation to their platform while Apple is the same old stagnant 3.5 inch under clocked,over priced glass phone that is nothing but a few home screens with applications on it. Apple is loosing control and to send private letters to scare venders from selling their competition is pathetic. Fuck Apple and anyone who agrees to what they are doing. Apple is loosing their own customers due to their sneaky business practices. No one likes sleezy companies and Apple takes 1st place on SLEEZY. What goes around comes around and I an a firm believer in that.
PS If those early pictures of the new I-Phone 5 are real then Apple is in trouble. That phone looks dumb, it is a stretched out version of itself. Same old song and dance. It is freaken FUGLY. Just My Opinion.

And watch it sell out just like the 4s that was the same phone and apple was done. The only same song and dance is you google free and openers. Like what you like and be happy. Not everybody wants a flatscreen in their pocket. I thought android was about choice? Or does that only apply to android phones and if you like somthing elts your a fanboy.

That is the beautiful quirk of Android...choice. It isn't about having one overpriced device that only some people can/want to afford. Google wants to put Android in the hands of everyone...from the lower end devices on up to the high end. As wonderful as the iPhone is...and I will give it credit, it is's not something that everyone can afford. This is the device...this is the negotiation...take it or leave it. What iPhone people fail to realize is that it isn't about the never has been. Google doesn't want to create the next iPhone or whatever you want to call it. It's about the OS...taking what came before and innovating and making it better. It's about taking the device and making it yours and doing what you want to it. Thank you developers!! I don't want Apple deciding what my experience should or shouldn't be on a smartphone. I'd like to decide that for myself and I'd rather not spend an arm and a leg to do it.

I completely agree with your statement of like what you want to like and be happy...but many of us get tired of our friends pulling their iPhones out of their pockets and asking us if our phones can do this or that. Yes, our phones can do this AND that...and much more on many occasions. We're not jealous of what the iPhone can do...the truth of it is, is that we don't care...we already know what it can do...if we wanted one, we would have bought one.

The argument is getting old. I know I'm tired of reading about it as I'm sure many others are. Apple is taking advantage of an ancient obsolete patenting system, and while they are certainly within the letter of the law, it's stifling innovation.

This letter is blatently illegal and is threatening retailers with court action when in actual fact they are doing nothing wrong in selling the Nexus as the ban has been lifted.

I really think its about time courts got tough we've these pricks. One good thing is the ITU (International Telecommunication Union) are meeting to discuss Apples constant miss use of the patents system. The chairman of the ITU even said the patent system was not setup to stifle innovation, as Apple are doing. If the ITU decide Apple are abusing patents they can prevent them from continuing these pathetic tactics.

I learned a new word: iTard.

iTard: people that steal ideas first and want to believe they have the right to control everyone else because they got away with it.

Hmm George Lucas doesn't own space and he sued Battlestar Galactica and lost. He is an iTard.

Apple is losing ground and they see the Nexus rising like a Phoenix to destroy them. So yes desperation in the iTard camp is running wild.

Such desperate measures point to gloomy prospects for the next quarter report coming in two weeks. Time to short AAPL.

Apple should really stop being passive aggressive with the people that sell their products. You can't push these guys around.

Sounds to me like the retailer needs to send a copy of the latest court order back to Apple along with a picture of someone flipping them off.

Why can't Apple just go out and make a better product? Why must they blame other's for their inferiority? So, the iPhone 4 and the iPhone 4S are exactly the same except for the S. And Siri. So their engineers are scratching their heads at anything new, except for the Retna display, which is new only if you consider it coming out some 3 or more years ago new.

Grow up people! You lost, quit making us pay for your sorry display of technology.

Why do folks still say that the 4s is the same as the iPhone 4? It was a huge improvement under the hood and performance (dual core, better gpu and more ram too I think).

That's like saying the Evo 4g and Evo 3d are the same phone except for the 3d.

Apple suing these other companies for so called patent infringement, is like the pot calling the kettle black. Apple needs to realize they are no better than anyone else. From what I have been reading, majority of Apple's "innovations" and "designs" are blatant rip offs from someone else. Apple has become the "evil empire" and the "android rebellion" will prevail!

Apple makes a nice product, but they have become WAY too litigious recently. When I first heard about the ban, then later about the ban being lifted, I immediately ordered a nexus. I want to support companies that SUPPORT progress, not SUPRESS it. The only reason I'm still using this iPhone is because my nexus shipped yesterday, and won't arrive until Monday.

I'm waiting for companies to tire of apples bullying and refuse to do business with them. At this point, if Samsung is making memory chips for iPads or screens got macbooks or any other component for any other Apple product then they are idiots.
Any retailer who gets this letter should send every Apple product back to the factory.

Early in Apple's history, I loved the company. I owned both an Apple Lisa and the classic Mac with the tiny display. At that time they were the best anyone could get.
Now, Apple appears to prefer to win through intimidation of it's competitors rather than develop the best possible products. IE: No removable battery or memory card for their phone or tablet. Smart Phone, small screen! Poor support from many of the vendors, etc.

They were a leader but no longer.

I wouldn't own an Apple ANYTHING, now.

I have the original Samsung Galaxy Tab (7 inch) and love it. I also have the Samsung Galaxy Epic 4G (smartphone) I love it too except for the support by Sprint with no 4G in my area!

I am a solid Android follower and prefer Microsoft Windows 7 OS for laptops.

I wonder how things will be when the iPhone 5 releases.Apple is really gonna have to be careful after stirring the pot with all these lawsuits.I think it would be funny to see Apple on the defensive and see the almighty iPhone getting banned.

I almost finished the article until i got to "inexpensive 7-inch iPad" and then burst out laughing.
The word "inexpensive" and any Apple product should not be in the same sentence.

Why? Apple is renowned for high-quality hardware, but their software has always been shoddy. OS X was a leap forward with the underlaying Unix, but their current efforts are dumbing it down by sandboxing everything, App stores for the desktop, and other such Stalinist measures. Besides, I've always found the GUI, file management, and overall experience from macs to suck big time, but that's maybe up to personal preferences.

If you have special needs and Windows is no good for you, there's a wide range of Linux distros that should give you what you want. In the end it will be better than fighting with drivers to make software written for one line of machines only to run on your rig.

I think on the principal of setting a good example, they should stop selling iPhones. I mean hey,I hope iOS users are enjoying Androids pull down notification panel. That seems far more relevant then what Apple is complaining I don't know why apple acts like it's poo doesn't stink.

Why don't Samsung just refuse to make chips for icrap phones and Google pull support for Google maps on iPhones (Apple is going to do this in the next ios update anyhow). Then that'd really screw them up in the short term.

As it is it seems apple is trying to get out from under samsung due to all of their own suing crap. I believe they are atempting to look else where for their parts. I believe this rings in true for the upcoming mini itwat.

"To us, this seems like a lot of money being spent (guess who eats that cost in the end?)"

Well that's a load of crap. Do you actually believe Apple will raise the cost of its products (by what? several dollars?) to pursue this lawsuit against Samsung? Yeah, it's pointless; the galaxy tab is outdated and pointless, and the GNex is now sellable again. But implying that Apple will push the cost to consumers seems like pandering to the apple-hating crowd just to receive more likes/page views. Poor journalism in my opinion

Samsung needs to stop selling parts to Apple for there products. That would put an end to this crap once and for all.

This is the main reason why i refuse to ever buy another apple product. They are acting like a bunch of babies and instead of innovating they are using legal systems to try and stop samsung. All it is doing is making them look like the bad guy here and samsung's sales grow larger every quarter.

I don't who said it here but I missed it. Maybe their new iPhone is so weak they have to pick on the Stores and stop the Gnex. Wow attack of the iTards!