Samsung loses Nexus appeal, Google promises sales next week

Samsung loses Nexus appeal, Google promises sales next week

Summary: Samsung's plea to have the US ban on the Galaxy Nexus overturned has failed, but Google might be coming to the rescue with an "imminent" patch.

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TOPICS: Legal, Patents
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A request by Samsung to lift a pre-trial injunction of its Galaxy Nexus phone in the US has failed, with a judge rejecting the plea, but Google has said that the device will be ready for sale again next week.

The preliminary injunction was granted at the end of last week, after Judge Lucy Koh found that the Galaxy Nexus likely infringes on a number of Apple's patents. Samsung asked for a stay of the injunction, but this was rejected by the court.

The company was disappointed, but proclaimed its intention to keep fighting.

"Samsung is disappointed with the California court's decision that denied its motion to stay," the company said in a statement.

"We believe today's ruling will ultimately reduce the availability of superior technological features to consumers in the United States."

Samsung said that when the injunction was first granted, it was working with Google to resolve the infringement, as the patent around which the ban centred involves Google's unified search function.

Various publications are now reporting that Google is "imminently" set to release a software patch that will allow the Samsung Galaxy Nexus to stay on the market. Google would not comment on the existence of such a patch; however, it did say that while the device has been removed from sale, it will begin shipping again next week.

Samsung said that it will also pursue a request for an appeal of a preliminary injunction against the Galaxy Tab 10.1. One appeal has already been rejected, but the company has filed another.

Apple and Samsung have been at each others' throats in a global sense, filing cases all over the world, with each party claiming that the other has infringed on their patents.

In Australia, Apple brought a case against Samsung for infringing on its patents with the Galaxy Tab 10.1, while Samsung said that Apple was in turn infringing on its patents with the iPhone and iPad. Apple was granted a preliminary injunction against the Samsung Galaxy Tab, as it was in the US, but that was overturned.

Topics: Legal, Patents

Suzanne Tindal

About Suzanne Tindal

Suzanne Tindal cut her teeth at ZDNet.com.au as the site's telecommunications reporter, a role that saw her break some of the biggest stories associated with the National Broadband Network process. She then turned her attention to all matters in government and corporate ICT circles. Now she's taking on the whole gamut as news editor for the site.

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6 comments
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  • Keep suing until you find the right judge

    Don't give up ... all it takes is the right (or wrong) judge.
    BrentRBrian
  • Hey, Judge Lucy Koh...

    ...how's your precious little iPhone of yours and nice iPad?
    Grayson Peddie
  • Funny Apple Didn't Try To Sue Before

    The Nexus was first released back in November, yet it has taken this long for Apple to wake up and notice this "infringement". If the hurt began back in November, why didn't Apple start complaining back in November? It's quite clear it's only doing it now because of increasing desperation. No matter how many patent lawsuits it files in how many jurisdictions, nothing can stop the Android tidal wave from completely dominating the mobile market. It's what customers want, no matter what Apple's advertising campaigns may try to say.

    One day Apple is going to wake up and find its massive cash pile gone, all squandered on lawsuits. And its massive market cap equally destroyed, victim of increasingly negative perceptions of the company fed by its own thuggish behaviour. And there will be no second Steve Jobs to rescue the company again.
    ldo17
  • Say no to Apple...

    Seriously, how can Apple claim that they are innovative?
    And Steve Jobs said Android was a rip-off of Apple's iOS ??

    Let's look at iOS6, the "still under-development" system.
    Source: Apple.com

    1. Maps. Maps take a whole new turn. Now with Turn by Turn nav and Traffic
    Android: Map was one of the most important built in apps for Android OS. Turn by turn (Google Navigation) was "invented" more than 3 years ago. Traffic was also included in Google Map long ago.
    Fly over feature on iOS6? Have you heard of Google Earth (long before iPhone first appear in 2007)

    2. Siri. Sports, Restaurants, Movies.
    Android: This is one of the more debatable apps. I have to agree that Siri is a bit better(and really a step up) of Google Voice Search.
    Android: However, Google voice search was here since Galaxy S device was out, which was 3 years ago. You can simply say: Map of McDonals, and Google Maps opens up and tells you where are the closest McDonalds...etc
    (Did I mention Google Voice supports 30+ langauge while Siri only support 6, soon.)

    3. Facebook integrated.
    Post Directly to Facebook: I remember posting facebook photo and status directly from my gallery, since 2 years ago?
    Contact: I merged my phone contact and facebook account since Galaxy S device (3 years ago), and since Galaxy S2 (1 year ago), it can even automatically apply my friends' facebook photo to my phone contact display picture.

    4.Share select photos with a select audience.
    Android: Isn't Google+ already like that?

    5. Passbook. No more hunting through your wallet for gift cards, coupons...
    I admit it is a SMALL step up from Android.
    Reason being a small upgrade? Heard of Google Wallet? If not, Google it, you will find out Google Wallet appears on the market since early 2011.

    6. Facetime, now over cellular.
    To be fair, facetime was first on iOS, then Google Video follows.
    However, Google Video (within Google Talk app) allows users to use over cellular since it first released.
    (Let's not talk about Jail break for now, we want to be official)

    7. Phone. Send to voicemail, reply with message.
    This is totally a STRAIGHT COPY AND RIP OFF FROM ANDROID.
    Android had the exact same feature since long ago.
    My 3 years old Galaxy S had it already.

    8. Mail. An even better email experience.
    VIP inbox: Copied GMAIL's "starred", changes the name to VIP and claims it's new.
    Photos and videos: Add photos and videos to email messages:
    Android have it long ago. Attachment isn't new to the world, right?

    9. Safari. Browsing is just the begining. Now with iCloud Tabs, Offline Reading List - full web pages- not just link.
    Once again a straight COPY.
    Since Google Android 4.0 (which appeared in Nov2011), we have offline reading web page.
    At the same period of time, Google Chrome App already have tab sync with your laptop, tablet or desktop.


    Apple listed 9 features, which only 1.5 of those maybe a step up from what Google Android already had. However, the other 7.5 features appeared on Android device already, most of them even existed more than a few years.

    Why would Apple even say: Android is a rip-off from iOS?

    It won't bother me if Apple didn't claim they are innovative, but since Apple is trying to sue everybody now for copying them, that just made me hate Apple so much.
    Alert B
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    SchwartzEdith
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    LivingstonLatonya