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Sale of Galaxy Nexus Banned in the US 696

Posted by Unknown Lamer
from the courts-give-up-and-ban-everything dept.
New submitter busyqth writes "After the injunction against the Galaxy Tab 10.1 earlier in the week, A U.S. district court judge has now also granted an injunction against the sale of Google's flagship ICS phone, the Galaxy Nexus. Is Steve Jobs laughing in the great beyond? Is this the beginning of the end for Android?" Two blows to Samsung in one week, and now the FTC is investigating Google for misuse of Motorola Mobility patents in relation to RAND standards.
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Sale of Galaxy Nexus Banned in the US

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  • by Anonymous Coward on Saturday June 30, 2012 @05:38AM (#40503177)

    And I once walked into a store and banged down hundreds of dollars for an iPad only to find once I got it home it was a Samsung Galaxy tablet. Perhaps the words on the box, the different software, the different colour, the different interface should have tipped me off, but heck, they were both RECTANGULAR with a BUTTON.

    So judge Koh is protecting poor people like me, who desperately want an iPad but accidentally buy a competitor that out powers it, out functions it, comes in a wider range of varieties and is developing faster than it.

    Incredible to think a single person can do so much good for the world and all without any bribe money!

    • by TemperedAlchemist (2045966) on Saturday June 30, 2012 @06:08AM (#40503315)

      Pah! Just wait until Apple catches wind that I own the patent for rectangular boxes!

      • by SomePgmr (2021234) on Saturday June 30, 2012 @06:42AM (#40503431) Homepage

        Apparently the decision was based on, "Apple's claim to the patent to search multiple sources, which Apple says is the basis of Siri. [...] Judge Koh said 'Apple has articulated a plausible theory of irreparable harm [because] of long-term loss of market share and losses of downstream sales."

        On the surface of it, it sounds awfully stupid to me. If I'm remembering correctly, "searching multiple sources" by voice query existed in Android devices first, no?

        http://arstechnica.com/gadgets/2012/06/breaking-judge-grants-apple-an-injunction-against-the-galaxy-nexus/ [arstechnica.com]

        • by Shadow of Eternity (795165) on Saturday June 30, 2012 @07:50AM (#40503669)

          Shouting to a room of grad students or interns?

        • by Anonymous Coward on Saturday June 30, 2012 @08:26AM (#40503833)

          Forget the absurdity of the similarity claims and the who's done it first angle... this phrase from TFA should be enough to draw some conclusions:

          Koh granted the injunction after Apple argued that the Galaxy Nexus phone caused it irreparable harm due to long-term market-share loss and "losses of downstream sales," according to The Next Web.

          This is simply anti-capitalism stated on a single sentence. Basically, from what I grasp, the idea is "we need to avoid that competitor's action because we would lose money if competition were to happen".

          I intended to throw a joke to mock the US for this kind of reasoning in the legal system, but the situation is actually kinda depressing and worrying when one assess where the current trends are taking the entire country. Although I'm not from the US, it makes me pause just thinking about the long term consequences of these changes.

          Maybe someone smarter than me could figure out what we'll have in the future, since capitalism might join socialism in the History books.

          • by mrchaotica (681592) * on Saturday June 30, 2012 @09:34AM (#40504121)

            This is simply anti-capitalism stated on a single sentence. Basically, from what I grasp, the idea is "we need to avoid that competitor's action because we would lose money if competition were to happen".

            Patents are inherently anti-competitive. In fact, limiting competition is their entire function.

            (I almost said "their entire purpose," but then corrected myself: the "purpose" of patents is to "promote the progress of science and the useful arts." Whether patents' purpose and function jive with each other is another issue entirely...)

        • by Anonymous Coward on Saturday June 30, 2012 @09:24AM (#40504067)

          On the surface of it, it sounds awfully stupid to me

          Stupid or not, Surface is a registered trademark of Microsoft - pay up.

    • by MrDoh! (71235) on Saturday June 30, 2012 @06:12AM (#40503339) Homepage Journal

      Think this is the closest Apple's come yet to going after core Google. It's the search patent that appears to have snagged them. If they get this, they get every android phone currently out there and serve a continual warning to every potential Android licensee that if they even think of entering the Phone Market, they WILL be sued out of existence. Don't think even MS back in the day was ever as obviously aggressive as this.

      For something that I've always suspected started as a way to negotiate cheaper component prices out of Samsung, Apple's really stirred up a poo storm.

      Samsung? Contacts be damned, now's the time to stop shipping anything to your competitor who only wants to see you destroyed the second they can replace you.
      Apple started the nerf bat swinging, never know who it'll take out in the end.

      • Crap like this is why I've been saying for awhile people need to quit worrying about MSFT, which under Ballmer the only real skills they seem to have anymore is blowing money and shooting themselves in the face, and start worrying about Apple.

        Just remember folks that Jobs before he died said he would happily spend his fortune to "Nuke Android" and I wouldn't be surprised if Cook hasn't forgotten those words. I'm sure he knows with Ballmer at the helm MSFT isn't a threat, as Zune and Kin and WinPhone 7 made quite clear, but high end Android devices with faster refreshes and newer and more powerful hardware IS very much a threat. I have a feeling its gonna get a whole lot nastier and I agree, if I was Samsung I wouldn't sell them so much as a screw.

      • by AmiMoJo (196126) <mojo @ w orld3.net> on Saturday June 30, 2012 @07:21AM (#40503571) Homepage

        Apple is in danger of triggering Armageddon. Google has been fairly good natured so far, but if they decide to start a war things can only get worse for the consumer.

        We need to put a stop to this. Patent reform is the only way.

        • Apple is in danger of triggering Armageddon. Google has been fairly good natured so far, but if they decide to start a war things can only get worse for the consumer.

          I doubt it'll affect consumers much.

          Apple's likely to have a bit to worry about if they take on Google though, especially now Google have Moto designs like the E 690in their hands.

          https://www.google.com/search?q=motorola-e690&hl=en&safe=off&prmd=imvns&tbm=isch&tbo=u&source=univ&sa=X&ei=cOfuT9DDHqSXiQfC0-iADQ&ved=0CFYQsAQ&biw=1920&bih=1040 [google.com]

          • by Antimatter3009 (886953) on Saturday June 30, 2012 @09:36AM (#40504135)
            If this gets upheld, Apple will be able to get an injunction on every Android phone because this is a core OS feature. I'd say that affects consumers. Plus, it seems like there's a pretty good chance that Google could find some patent between theirs and Motorola's that applies to the iPhone, which could lead to a counter ban. Maybe (hopefully) it won't get that far, but this is the patent armageddon that people have been worrying about with all these lawsuits.
            • by atriusofbricia (686672) on Saturday June 30, 2012 @11:48AM (#40505029) Journal

              If this gets upheld, Apple will be able to get an injunction on every Android phone because this is a core OS feature. I'd say that affects consumers. Plus, it seems like there's a pretty good chance that Google could find some patent between theirs and Motorola's that applies to the iPhone, which could lead to a counter ban. Maybe (hopefully) it won't get that far, but this is the patent armageddon that people have been worrying about with all these lawsuits.

              On the contrary, this is exactly what needs to happen. Google should search their patents and find every single one that could apply to every single Apple device. Once they've built their case they should, without a seconds warning, nuke Apple with everything. Seek injunctions against Apple's entire business. Once granted, bring them to the table to sort all this stupidity out.

              It's either that or everyone but Apple suffers a death of a thousand cuts.

              Apple has long since passed the worst of MSFT's evil.

        • by Sulphur (1548251) on Saturday June 30, 2012 @07:54AM (#40503689)

          Apple is in danger of triggering Armageddon. Google has been fairly good natured so far, but if they decide to start a war things can only get worse for the consumer.

          We need to put a stop to this. Patent reform is the only way.

          Patent reform from low earth orbit, its the only way to be sure.

        • by Lorien_the_first_one (1178397) on Saturday June 30, 2012 @08:04AM (#40503729)

          I'll go one further and say patent abolition is the only way to stop it.

          • No need to abolish patents. Just to acknowledge that "if you can implement the patent without access to the written description, them it is obvious to anyone sufficiently skilled in the art" and thus invalid.

            However, the WTO should blast America into orbit for allowing this kind of injunction, which is clearly intended to prevent foreign competition. Yay, lets have a trade war. Korea can ban the import of American beer and DVDs in retaiation!

            • by mark-t (151149)

              "if you can implement the patent without access to the written description, them it is obvious to anyone sufficiently skilled in the art" and thus invalid.

              I understand where you are coming form with this point of view, but that also means that anything which is independently invented by two or more people can't be patented.

              • by Smauler (915644) on Saturday June 30, 2012 @10:45AM (#40504561)

                That's kind of the point. The entire purpose of patents is to protect inventions made by someone which would not have been released to the public otherwise. If the patented invention could be invented by someone else anyway, the patent is purely a money making exercise, and not in the public good.

              • by Imagix (695350)
                Yep. If multiple people can independently develop the same solution to the problem, then that would be a fairly strong argument that the solution is fairly obvious.
            • by dbIII (701233)

              American beer

              Americans make beer?
              Come on now, even the French make better beer (Louis Pasteur was the inventor of modern Lager).

        • by MickyTheIdiot (1032226) on Saturday June 30, 2012 @08:17AM (#40503785) Homepage Journal

          I am not sure about Armageddon, but Google has money and this is a solid, concrete example of patents as a true hinderance to the advancement of the economy.

          In this case maybe we play the fucked up short-term game to get a needed long-term change.

    • by SternisheFan (2529412) on Saturday June 30, 2012 @07:05AM (#40503505)
      Did'ja ever notice how when a bully is confronted with the truth, they get louder. They start to attempt to intimidate by any means at their disposal. When confronted with facts, they get confused, and don't know what to do as their audience catches on and begins to drift away. That's when they become more desperate and turn to larger bullying tactics. Then the bullied either stands their ground or meekly lets the bully win. There are times when the best course of action for the bullied is to walk away, and hopefully live to fight another day. IMHO, for this is not one. Apple has been losing their ardent followers for some time now. People have seen android as a very viable alternative, and are switching over. Apple knows this, or they wouldn't be resorting to these bully tactics. I root for the underdog in life, and love it when the bullies lose.
    • by oztiks (921504) on Saturday June 30, 2012 @07:18AM (#40503561)

      "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," an Apple spokeswoman said in an email. "This kind of blatant copying is wrong and, as we've said many times before, we need to protect Apple's intellectual property when companies steal our ideas."

      Oh yes because Apple invented phones, calendars, address books, web browsers and SMS messaging tools. I'm sure don't believe their own shit, rather they see this as a means to delay successful delpoyment of a competitive product.

  • by ozmanjusri (601766) <[aussie_bob] [at] [hotmail.com]> on Saturday June 30, 2012 @05:42AM (#40503193) Journal

    Slide to unlock? Unified search bar?

    I wonder, do the engineers and techs working at Apple feel ashamed all this trolling?

    I know it's management and legal who make the decisions, but still...

  • by Anonymous Coward on Saturday June 30, 2012 @05:42AM (#40503195)

    Well - pity for those in the US, they wont get the new stuff now...

    Fortunately the rest of the world can enjoy all those things that are forbidden in the US. Seems the US is no longer the place to get your new stuff.
    Now I am the last one to say anything about the quality or something, but at least the rest of the rest of the world has a free choice.

    • Re: (Score:3, Insightful)

      by brezel (890656)

      it's really sad to see what capitalism is doing to a country that had such high goals when i was first created. now it seems mostly you will get incarcerated, sued, beaten up or criminalized for things that are perfectly normal in the rest of the free world.

      i think it's really cynical of american polititians to even use the word "freedom" in their campaigns since it has basically lost all meaning due to the entanglement of business, military and politics.

    • by khipu (2511498)

      There have been plenty of lawsuits and injunctions based on Apple patent and design claims in Europe as well, and as a consequence, there are many Samsung devices you can't get in Europe either.

  • by PolygamousRanchKid (1290638) on Saturday June 30, 2012 @05:45AM (#40503207)

    . . . you need to engage your legal department, if you are big enough to have one, to verify that the product won't get bogged down in long, drawn-out, legal battles.

    It used to be that the work in the lab was most important. Now work in the legal department is more important than R&D.

    Sad.

  • by gallondr00nk (868673) on Saturday June 30, 2012 @05:46AM (#40503211)

    "Is this the beginning of the end for Android?"

    Don't be so fucking stupid.

  • by wild_quinine (998562) on Saturday June 30, 2012 @05:46AM (#40503213) Homepage
    From TFS:

    "Is this the beginning of the end for Android?"

    No, it's the beginning of the end for Apple.

  • by allcoolnameswheretak (1102727) on Saturday June 30, 2012 @05:47AM (#40503219)

    Stuff like this makes me want to buy a Samsung device right now, simply out of spite for these agressive, bullshit patent practices that limit competition and my choices as a consumer.
    Also, I have this built-in genetic disposition of always wanting to support the underdog.

  • by GbrDead (702506) on Saturday June 30, 2012 @05:56AM (#40503263) Homepage

    No, but it is somewhere in the middle of the end of the USA as a technological leader.

  • Fuck Apple! (Score:3, Insightful)

    by CosaNostra Pizza Inc (1299163) on Saturday June 30, 2012 @05:58AM (#40503269)
    Fuck Apple. I hope Apple dies a horrible death.
  • by Compaqt (1758360) on Saturday June 30, 2012 @05:59AM (#40503273) Homepage

    Survey says:

    As CNET's Roger Cheng has explained, the idea "is based on the principle that fair licensing of intellectual property is often needed because sometimes certain ideas and patents just need to be shared for everything to work together properly"

    I just wonder if things would work better if Apple Corp. might deign to share the color black with us mere mortals, who have to put up with non-black smartphones with razor sharp corners (sometimes with greater or less than 4 sides!).

  • NutJobs ... (Score:4, Insightful)

    by giorgist (1208992) on Saturday June 30, 2012 @06:00AM (#40503275)
    Geez is there any reason not to address him that way, his legacy is becoming that of some evil villain that has triggered a doomsday device full of lawers. It strikes me that the US is becoming less and less relevant ... as the Google IO showed, it is the third world countries that is where most of the action is happening.
  • by Areyoukiddingme (1289470) on Saturday June 30, 2012 @06:02AM (#40503289)
    I dunno about the rest of you, but I'm getting a definite scorched earth feel these days. The patent Cold War is over. The Patent Hot War is now on. Sadly for the general sentiment around here, it's unlikely that anyone will do anything to fix, dismantle, or otherwise create a permanent solution to the problem of patents in general. Why not? Because these wars are going to create patent lawyer dynasties. We're talking Rockefeller money here. We're talking "Excuse me, Mr. Carnegie, but you're going to have to shift down at the table at the Old Boys Club to make room for Messrs. Dewie, Cheatum, and Howe." Laws are created by lawyers. As far as they're concerned, they've already 'fixed' the system perfectly. In every sense of the word.
  • Boycott Apple (Score:5, Informative)

    by dmesg0 (1342071) on Saturday June 30, 2012 @06:02AM (#40503291)

    Please explain to all your non-techie friends and family what Apple is doing, and why they shouldn't ever touch any Apple product until they change their way.
    It's very easy, I already prevented sale of a at least a few iphones.

    Disclaimer: I'm not working for Google, Samsung or any other mobile related company. I'm just disgusted by Apple, and boycotting is the only way to stop them.

    • Re:Boycott Apple (Score:5, Interesting)

      by Inda (580031) <slash.20.inda@spamgourmet.com> on Saturday June 30, 2012 @06:45AM (#40503441) Journal
      It's not very easy. It's very hard.

      My closest friend bought the iPhone 4 just over 18 months ago, even after all my efforts. He kept telling me it was an iPhone and that's all that mattered.

      He's too cheap to buy the apps, another mate half-jailbroke it, stopping all his banking apps working, iTunes was taking half a day to backup and often failed, the phone wouldn't factory reset, we couldn't even copy his contacts. He's pissed off with the lack of high quality free mapping. No Siri. Dull screen. The list of moans is endless.

      He's just bought his daughter one. His wife is getting one in a few weeks time.

      I can't understand it. They've seen my S2 connect to their TV via a common USB cable and streaming 1080p. They've seen me wirelessly send files to their laptop. They've seen Google Maps on Android. They've seen the photos it takes. And it's not even the best Android phone any more!

      It's not easy at all.
      • Re: (Score:3, Insightful)

        by Mithent (2515236)
        Android's nature counts against it where advertising and mind-share come into play, I fear. Apple has a huge marketing budget and a single device to push. Individual manufacturers of Android phones usually have multiple devices to advertise at any one time, and want to drive customers towards their own specific Android phones rather than Android as a platform. Google don't advertise Android much, but even if they did, it's a vague concept to sell to consumers, especially when there are so many customised ve
  • by AbRASiON (589899) * on Saturday June 30, 2012 @06:11AM (#40503329) Journal

    EVERYONE I know with an opinion on this topic is getting put MORE off Apple devices by it than on. I work on a floor of 40 nerds / gadget freaks, there is only 3 iphones left and 2 of those users intend to switch to Android as well.

    Apple are doing themselves no favours at all.

  • by Jackie_Chan_Fan (730745) on Saturday June 30, 2012 @06:24AM (#40503381)

    Watch out. Fuck the iphone. Windows Phone is the futucha

  • Oh, for fuck's sake! (Score:4, Interesting)

    by jtownatpunk.net (245670) on Saturday June 30, 2012 @06:30AM (#40503401)

    When are we going to get some goddamn patent reform???

    This is like Chevy suing Toyota because people would buy more Chevy cars if Toyota wasn't selling a similar product. "They use a wheel and foot pedals to control their vehicles. We use a wheel and foot pedals. That's our thing!"

    Ya know what? Fuck Apple. Fuck them right in their stupid asses. I was seriously considering making the switch back when they get an LTE iphone (paying full retail to retain my unlimited data plan and an ETF), and pick up a retina MacBook and iPad because they're freakin' gorgeous displays and it will be a year or more before anything like that hits the Android/Windows market and I'd have everything under one roof and this sentence is really long. But if this is how Apple chooses to "compete", fuck 'em. I'll wait for less litigious companies to catch up.

    And that's what makes this so damn stupid. The competition is a year or more behind apple in just about everything (except data speed on phones). First to market with a consumer-friendly smartphone. First to market with a retina display smartphone. First to market with a high res tablet. First to market with a high res laptop. It's not enough for Apple to be the first up the mountain, they've got to hang their asses over the edge and shit on everyone below them.

  • Silver Lining (Score:5, Informative)

    by Bill Dimm (463823) on Saturday June 30, 2012 @06:43AM (#40503433) Homepage

    Apple was ordered to post a bond of $95 million [arstechnica.com] to enact the injunction, which would be used to pay Samsung damages if the decision is later reversed.

    • Re:Silver Lining (Score:5, Insightful)

      by QuasiSteve (2042606) on Saturday June 30, 2012 @07:55AM (#40503699)

      At which point Samsung will have $95M but will have to re-start their advertising campaign, essentially re-launch the product, and target a market that has just bought a bunch of competing products - among which iDevices from which Apple stands to gain a lot more through e.g. app store purchases, third party products such as docks that use licensed tech, etc..

      And that's assuming that by the time the decision lands the device is even relevant enough in the market to be relaunched. It may be better to launch a new product instead.
      Which Apple would then seek an injunction against.

      $95M - I'd love to have it, but I'm guessing Samsung are not particularly impressed.

  • by Mithent (2515236) on Saturday June 30, 2012 @06:47AM (#40503447)
    I'm really getting tired of tech news consisting almost entirely of mobile device manufacturers suing each other over patents for general concepts and design principles. Technology progresses and consumers benefit when ideas and concepts can spread. This isn't the same as, say, drug development, where millions of dollars go into R&D, and that massive investment must be recouped to protect innovation. These are just relatively obvious ideas where the real work is in the implementation, integration and promotion, not in dreaming up a UI concept.

    Maybe this would be a good place to mention the EFF's new campaign to reform software patents [defendinnovation.org]?
  • by walterbyrd (182728) on Saturday June 30, 2012 @10:15AM (#40504355)

    Apple is nothing but a litigious scam company - worse than Microsoft.

    I very much doubt I will ever buy an Apple product. Not that Apple needs my business.

    I cannot understand how anybody could sink so low as to buy from Apple.

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