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Appeals Court says Samsung GALAXY Nexus sales can continue during trial

Posted: , by Alan F.

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Appeals Court says Samsung GALAXY Nexus sales can continue during trial
This update removed local search from the Samsung GALAXY Nexus

This update removed local search from the Samsung GALAXY Nexus

As the trial between Apple and Samsung winds down from its first day, the U.S. Court of Appeals for the Federal Circuit has extended the temporary stay of Jude Lucy Koh's preliminary injunction against the Samsung GALAXY Nexus. That means the device can still be sold by the Korean based carrier in the States. Samsung requested an expedited appeal which will take place on August 20th with a decision to be announced in the days or weeks that follow.

Judge Koh had slapped the injunction on the Samsung GALAXY Nexus for its alleged infringement of the '604 Siri patent which has to do with universal or local search on the device. Subsequent updates by Samsung removed the offending feature from the phone as well as from the Sprint and AT&T versions of the Samsung Galaxy S III. Sammy did not want to take a chance of having its flagship model banned.  While the local search feature was removed from the international variant of the Samsung Galaxy S III, the Korean manufacturer said that the update that removed the feature was sent n error and a subsequent update reinstated local search on the GT-i9300.

Moving back to the Samsung GALAXY Nexus, Judge Koh said that Apple had presented a "plausible theory" of irreparable harm and long-term loss of market share from the alleged infringement.  Samsung clams that Siri is a different feature than the unified search covered in the '604 patent and that the patent is invalid and is interpreted incorrectly.

source: electronista

23 Comments
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posted on 30 Jul 2012, 19:55 4

1. Aeires (unregistered)


I'd still like to know how Apple is claiming loss when they are the highest in smart phone profits.

posted on 30 Jul 2012, 20:08 4

3. Mxyzptlk (Posts: 3336; Member since: 21 Apr 2012)


It's a loss when a competitor steals your likeness and designs and implements on their phones. It's kind of ironic. People want Android, but they choose a phone that has many design and UI cues from the iPhone.

posted on 30 Jul 2012, 20:13 2

6. Droid_X_Doug (Posts: 5618; Member since: 22 Dec 2010)


It is only a loss when the loss is ruled on and sustained by the inevitable appeal. Until then, it is speculative and nothing more.

posted on 30 Jul 2012, 20:15 2

7. Aeires (unregistered)


Yet to be proven, it's only the first day of trial.

I don't know of anyone, nor heard of anyone that bought an Android phone because they felt it looked like an iPhone. Everyone I do know bought Android phones because they don't look like iPhones.

posted on 30 Jul 2012, 21:45

15. JC557 (Posts: 994; Member since: 07 Dec 2011)


I'm guessing you've never seen the Galaxy Nexus in person...

posted on 30 Jul 2012, 21:45 1

16. warriorbeats (Posts: 21; Member since: 20 Mar 2012)


SOOOOOO TRUUEEEE HAHAH watch me get a bunch of thumbs down now

posted on 30 Jul 2012, 19:58 4

2. Droid_X_Doug (Posts: 5618; Member since: 22 Dec 2010)


Dang. Another loss for Apple. What happened to their open-and-shut case?

posted on 31 Jul 2012, 01:32 2

20. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Explain how this is a loss

posted on 31 Jul 2012, 01:47 2

21. Droid_X_Doug (Posts: 5618; Member since: 22 Dec 2010)


A sale to Sammy is a sale lost by Apple? Further, I am still waiting for your reply to my question as to why Apple didn't file a motion for summary judgement if their case was so compelling.

posted on 31 Jul 2012, 14:37

23. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


The truth is... he isn't going to reply to your question, because he doesn't have an answer. It's a thing that he does, whenever he loses an debate, he'll pretend the debate never existed. Welcome to taco world.

posted on 30 Jul 2012, 20:09 1

4. Mxyzptlk (Posts: 3336; Member since: 21 Apr 2012)


If Google tells you(samsung) to stop copying, then you know something's wrong.

posted on 30 Jul 2012, 20:16 1

8. Aeires (unregistered)


Likely Google didn't know about Samsung's prototype models. Nothing has to be wrong.

posted on 30 Jul 2012, 20:17 2

9. Droid_X_Doug (Posts: 5618; Member since: 22 Dec 2010)


That and $5 will get you a Vente latte at Starbucks. A trial is underway to determine wether Sammy copied Apple.

posted on 30 Jul 2012, 20:22 10

11. tedkord (Posts: 4518; Member since: 17 Jun 2009)


If only someone had told Apple to stop copying Sony, the LG Prada's shape, design and capacitive screen, Neonode's Swipe to unlock, Palm's grid of icons, the University of Delaware's multitouch,...

posted on 31 Jul 2012, 01:56 2

22. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Really desperate attempt

posted on 30 Jul 2012, 20:11 2

5. SonyFTW2020 (Posts: 305; Member since: 03 May 2012)


its not a loss for either companies...This trial is a child like and in the end things need to be settled in accordance of whats best for the mobile world as a whole...Not just who stole who's ideas and who's better....This trial is going to end the way it should end

posted on 30 Jul 2012, 20:18

10. ibap (Posts: 692; Member since: 09 Sep 2009)


So does Apple now go back and sue Google over (now-defunct) Google Desktop? How about using a dictionary and then going to dictionary.com? Or searching your personal data in the cloud?

Would Xerox please sue the whole world over the use of the mouse?

posted on 30 Jul 2012, 20:25 4

13. tedkord (Posts: 4518; Member since: 17 Jun 2009)


Xerox did sue Apple over their theft of the GUI. Fortunately, at that time our country had sane patent laws, and software patents didn't exist, so they lost.

Today, with our paid for legislators, software patents have been slipped in, and we're all paying the price for it.

posted on 30 Jul 2012, 20:23 3

12. roscuthiii (Posts: 1786; Member since: 18 Jul 2010)


Judge Koh should be removed from the bench... she's the only judge rubber stamping anything Apple tosses at the court.

posted on 30 Jul 2012, 21:06 4

14. InspectorGadget80 (Posts: 6264; Member since: 26 Mar 2011)


FCKING crAAPLE. At least the judge lets them sell the GALAXY NEXUS. They shouldn't have to worried bout their stupid a$$ stocks

posted on 30 Jul 2012, 21:46 4

17. networkdood (Posts: 6263; Member since: 31 Mar 2010)


Well, if it is found out that Samsung copied Apple, then at least they improved on what APPLE does (as apple moves at a snail's pace when it comes to innovation).

posted on 30 Jul 2012, 21:52 5

18. networkdood (Posts: 6263; Member since: 31 Mar 2010)


Innovation to APPLE is having your 400 pound aunt Flo sit on your beloved iphone making it a little bigger all around....and thinner, too.

posted on 30 Jul 2012, 23:03 2

19. sarb009 (Posts: 286; Member since: 15 Jun 2011)


apple oh apple why dont u just rott fully.

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