Samsung files appeal on Samsung GALAXY Nexus injunction
"The Court's order is inconsistent with the Federal Circuit's directive that market share losses must be substantial." According to Samsung, if Apple cannot prove substantial damages, it should not be awarded the injunction against the Samsung GALAXY Nexus. Samsung argues that the damages must be due to the "infringing feature" itself, which is a lot smaller than figuring out damages based on sales of all of the Samsung GALAXY Nexus units on the market.
FOSS Patents does not see Judge Koh staying her injunction of the Samsung GALAXY Nexus for the entire duration of the appeal, but might give Samsung a stay until the Federal Court decides on whether to grant its own stay.
42. Otterbox (banned) (Posts: 71; Member since: 27 Jun 2012)
Only if Samsung abides by the rules and play fair.
44. D.Aceveda (Posts: 351; Member since: 30 Jun 2012)
Are you stupid or drunk? Samsung is playing fair. They aren't suing companies for putting out better products.
57. Otterbox (banned) (Posts: 71; Member since: 27 Jun 2012)
If Samsung is playing fair why do they keep getting sued for patent infringement?
58. KingKurogiii (Posts: 5488; Member since: 23 Oct 2011)
because a certain Fruit named Company be hatin' and i ain't talkin' bout Banana Republic. :P
59. D.Aceveda (Posts: 351; Member since: 30 Jun 2012)
Because Apple doesn't like competition. Where have you been?
62. Otterbox (banned) (Posts: 71; Member since: 27 Jun 2012)
I don't see the Kindle Fire getting banned or Amazon getting sued.
63. D.Aceveda (Posts: 351; Member since: 30 Jun 2012)
Because the Kindle Fire is crippled out of box. LOL?
9. Aeires (unregistered)
People need to just ignore him and eventually he'll go away. All he wants is attention, which he gets regularly here.
15. xtian1103 (Posts: 352; Member since: 11 Feb 2012)
taco just like every one else here on this site is entitled to his own opinions. don't let anger get in the way of commenting relevant facts. that's what we are all here for to read something interesting
18. Aeires (unregistered)
No anger involved. I read a lot of tech blogs/sites and those that are only there to rile people up stand out like a bright neon light at midnight. As they say, don't feed the trolls.
Relevant comments and those who actually add something thought provoking great conversations. Unfortunately a lot of great sites get run down by the trolls who only know how to repeat the same thing, on and on and on. Ignore them and they go away.
38. bayusuputra (Posts: 941; Member since: 12 Feb 2012)
how can i see his comments if all of them are hidden because of low ratings? LOL..
13. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
This is standard legal proceedings, but glad to see you value my opinion.
14. wendygarett (unregistered)
Im glad IF you can accept apple & android fair fight :)
48. Non_Sequitur (Posts: 1111; Member since: 16 Mar 2012)
Oh, boy! Another one that we can demolish in debates!
51. PhoneArenaUser (Posts: 4650; Member since: 05 Aug 2011)
Don't wory taco50, ifan98 is with you, it's gonna be ok!!
25. Birds (Posts: 927; Member since: 21 Nov 2011)
Well all miss him!!! His opinions are more anticipated than anyone elses on this sight. lol
33. The_Godfather (Posts: 146; Member since: 26 Apr 2012)
Taco doesn't even have an Apple device...lolzzzz
3. PhoneArenaUser (Posts: 4650; Member since: 05 Aug 2011)
Good lusk for Samsung, let's hope court won't reject it. :)
11. Droid_X_Doug (Posts: 5289; Member since: 22 Dec 2010)
The argument that Sammy and Apple aren't competitors is a bit of a stretch....
However, if Siri and universal search are what is compelling to Judge Koh's decision to grant the injunction, it would seem that removing Sammy's implementation of S Voice would address that issue. If removing S Voice avoids an injunction, I would imagine there is a team of developers who are burning the midnight oil as this post is being typed.
16. tedkord (Posts: 3953; Member since: 17 Jun 2009)
There is no S-voice on the GNex. This is about a unified search - having one input search multiple ways and return results to one output. Yet another abuse of the broken patent system.
39. bayusuputra (Posts: 941; Member since: 12 Feb 2012)
i had unified search in my phone even before GNex came out, that includes finding apps, file, contacts web search etc.. and yet apple is only interested in Samsung..
i can bet $1m if motorola or ZTE is the biggest OEM, apple will go for them.. this is apple, this is cry baby at the finest..
19. protozeloz (Posts: 5328; Member since: 16 Sep 2010)
remember the injunction is on the Galaxy Nexus witch does not posses S voice, but uses its own set of voice actions (way back there I know right?) and its search bar (go figure) S-voice could be in trouble because in the en some functionality is based on the same things as Voice actions. to the judge is a patent the real question is if Samsung can provide stuff that proved this patent should not be valid on court. another reason why patents should be approved when the company possesses a working prototype.
28. Droid_X_Doug (Posts: 5289; Member since: 22 Dec 2010)
My understanding of the '604 patent is how it integrates unified search with the voice activation ("...what is the current temperature in Phoenix, Arizona?"). Disabling the ability to ask a question and convert the question to a query avoids infringement. Sales of the formerly infringing device can then go forward.
49. protozeloz (Posts: 5328; Member since: 16 Sep 2010)
I'll have to check on that, Still despite having a patent we all know this "infringement" is a load of bull ****
60. BREvenson (Posts: 190; Member since: 17 May 2012)
I would hope that, too, but this judge has already sided with Apple on two injunctions (the Galaxy Tab 10.1, and now the Nexus), so I doubt she'll be giving Samsung a chance here. I'm serious, she seems to be pro-Apple.
4. Birds (Posts: 927; Member since: 21 Nov 2011)
This is getting ridiculous!!! Both Apple and Samsung are at fault. Samsung shouldn't be trying to put out so many devices that infringe so many patents. Apple sue over innovation not gimmicks. Siri is only correct 40% of times so who cares about it? This is like watching 2 nine year old kids fight over who get the biggest slice of pie.
29. PapaSmurf (Posts: 6658; Member since: 14 May 2012)
"Samsung shouldn't be trying to put out so many devices that infringe so many patents. Apple sue over innovation not gimmicks."
Your comment made me lol.
How is Samsung in the wrong? The patents Apple have are so unnecessary that they pay judges so they can win. They have $65 billion dollars to spend. Instead of spending it on new technology for a better tomorrow, they decide to pay for the lawyers' childrens college tuition.
40. Birds (Posts: 927; Member since: 21 Nov 2011)
I didn't explain myself clear enough I guess. I was just saying that Samsung should double check before they release a device that may infringe on patents let alone a swarm of devices. I'm saying this because Apple is realizing that everyone is making more innovative phones then they are so they have to sue about every frivolous patent. I'm not taking any sides from my stand points but I do see where Samsung is coming from. If Apple made a good phone instead of a good gadget then I'd vouch for them but nope, they are stuck in limbo with samsung because they don't know when to give up.
53. tedkord (Posts: 3953; Member since: 17 Jun 2009)
The problem is, Apple is filing for and getting patents that are overly broad and can cover anything. Swipe to unlock? Ignoring that there's prior art and the patent should have never been awarded, they are claiming it covers ANY touchscreen gesture to unlock a phone.
The patent system us lost, chaotic. Instead if specific invention, Apple is being allowed to patent generuc, obvious things. It's as if Alexander Graham Bell had been granted a patent for "A method of transmitting voice or sounds over distances", then sued Marconi for the radio.
Until we get the patent system fixed, unethical companies like Apple will continue to abuse it to limit competition and innovation. Everyone angered by this should go to
and sign the petition, to try and get Congress to end the insanity that is the patent system.
5. TheRetroReplay (Posts: 239; Member since: 20 Mar 2012)
I find it funny that they're saying that Apple will suffer "irreparable harm."
There is no harm in this at all, people are going to buy what they like, it's a preference. Some people like the Camero some people like the Mustang, they're both cars and both operate in the same manner but you don't see Ford and GM going at it in court. You don't see HP and Dell in court suing each other and so on and so forth, this business is all based on the customers preference.
But Apple obviously doesn't want the customers to have preference, that's why they started this smartphone war, the only preference they will allow you to have is 16 gig or 32 gig and in black or white.
21. RapidCat (Posts: 351; Member since: 12 Jun 2012)
last resport say Apple iPhone sales increase.
if samsung do any harm the sales will go down, not up
26. nyuvo (Posts: 72; Member since: 10 May 2012)
Funny thing is that they are reporting damages due to a smart phone which hasn't got a huge market share of the android ecosystem. Fair enough that they could claim the S2 or S3 of "harming" their sales and marketshare but the nexus is just another device.
Also seeing as google wrote the code for this device, shouldn't google be held accountable?
34. kanagadeepan (Posts: 592; Member since: 24 Jan 2012)
Since 1) Google is NOT making money with use of those features, they can't sue... 2) Even if they sue and Google starts to take counter patent trolls, cr@pple can't be in business then...
6. AndroidVsApple (Posts: 12; Member since: 01 Jul 2012)
Why is Apple Irritating Samsung So Much?! The Galaxy Nexus is Alot Different Than Apple. idk Why Apple is being so picky about it. i Mean The Galaxy S III is a Different Operating System. And Plus Apple Stole The Notification Drop Down Box. idk Apple is Out of its damn mind.... if im Mistaken on something. Tell me
10. frydaexiii (Posts: 1157; Member since: 01 Dec 2011)
Isn't it obvious? Apple can't handle the rigors of business. They wanna make it big, but are afraid to fall. They are ok with everyone choosing their devices, but p*ssy out when another company comes along with a better product that could potentially lure customers away from them.
22. RapidCat (Posts: 351; Member since: 12 Jun 2012)
Good friend can be Best enemy
look at history steve jobs and samsung founder
they close friends and now therid company become enemy
7. tedkord (Posts: 3953; Member since: 17 Jun 2009)
FOSS never sees anything other than Apple winning, Mueller's a hanger on. Fortunately, you can flip a coin and be right as often as he is.
8. KingKurogiii (Posts: 5488; Member since: 23 Oct 2011)
Samsung's argument is solid, it doesn't take a lawyer to figure out that Apple is playing the Victim here. looks like we're going to have to get Mothers of small Children to come in and teach these Judges about how to deal with these two.
41. E.N. (Posts: 2218; Member since: 25 Jan 2009)
"The Court's finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors."
This is by far one of the dumbest arguments I have ever read from Samsung. I think Samsung's entire marketing scheme with the "barista" and "Samsunged" is plenty proof that the courts ruling was appropriate.
43. KingKurogiii (Posts: 5488; Member since: 23 Oct 2011)
the point is Apple can't prove that Market Share was affected as per Apple's Argument of Samsung infringing on the IP in question. you should know that wording things a certain way will stir things up differently in Court. it's not new and besides everyone knows that Samsung and Apple are competitors in the Market, that's natural, that's not what they're bringing to question, it's whether or not Samsung has gained a competitive edge due to this. which they haven't it's silly. using a search patent against the Galaxy Nexus? really? this kind of stuff should not hold up in Court. it's obvious abuse of the patent and court systems. i like Judge Posner's take on this.
12. AndroidVsApple (Posts: 12; Member since: 01 Jul 2012)
Samsung Should Beat The Ass of Apple. Man Like Settle it already Damn it idk about the Galaxy S III but Not the Nexus.. Its Good Spec Its Really Nice...iPhone...Ehhhh Well its Good But You Have to Jailbreak it to Get EVERYThing. So Obviously Samsung Should win ... ( i Think im off on everything im just saying that Samsung Should Win.)
17. readingthissh1t (Posts: 303; Member since: 20 Jul 2011)
i dont even care, im running jellybean with a few mods atm. people who want nexus shouldve gotten theirs already. new nexus in afew months. dont wake the google up apple, thats when sh1t gets real. btw im back peeps
23. RapidCat (Posts: 351; Member since: 12 Jun 2012)
i dont think new nexus will come soon,
new nexus maybe when andoid touch the v 4.2 or v5.0
36. readingthissh1t (Posts: 303; Member since: 20 Jul 2011)
nexus devices are yearly.
Galaxy nexus launched really late last year. Maybe late October-ish. New nexus should launch around there. only thing is, i have seen any leaks about a new nexus phone.
45. KingKurogiii (Posts: 5488; Member since: 23 Oct 2011)
the launch of the Nexus 7 is what has created an unstable element here. we have no idea what Google's plans are based on what we've seen consistently in the past because there's been no Nexus Tablet, at least not one that evolved the phone scheme of things too being that Jelly Bean is a unified OS for Phones and Tablets unlike Honeycomb. will Google announce a new OS in the fall to justify launching a new Nexus? if so most would say that things are moving too fast because that would be the third OS update in a year.
24. Aeires (unregistered)
In the end, this will be nothing more than a delay tactic from Apple. Most, if not all of these patents are extremely vague in nature and won't hold up under further scrutiny. Apple has tried many times to stop the sales of Samsung products and failed every time from permanently banning them.
What Apple has done is exploit a problem with Android phones, slow updates. They know the Galaxy Nexus is going to receive an update immanently soon and want it banned to keep the general public from seeing Jelly Bean. The S3 is already being sold so that horse is out of the stable, nor will it see Jelly Bean for probably six months or more. By that time, the next iPhone will be out and they'll be preaching their upgrades in commercials on a regular basis.
In the end, it's really the consumer who will decide. Samsung will continue to make and sell Android phones because they sell extremely well and make them lots of money. Apple will continue to sell iPhones because there are enough people who buy into their marketing. Neither side is going out of business any time soon.
31. skymitch89 (Posts: 984; Member since: 05 Nov 2010)
We'll just have to see what the "judge" has to say about this. I think the defense that Apple has not suffered any irreparable harm and that they haven't suffered any market loss because of the infringement is a good one. I also think that if Apple is suing/getting an injunction on the Galaxy Nexus because of the "unified search", then they should be suing HTC, Motorola, ZTE, Huawei, any other Android manufacturer, and most importantly Google because that is a feature in basically every device that has, I think, at least Android 2.2 or above.
32. ilia1986 (unregistered)
Can't wait for Samsung to ban the iPhone and the iPad in all of the US. :)
35. gallitoking (Posts: 4630; Member since: 17 May 2011)
but you are not in the U.S.. illia? good that you have hope,, Samsung and the Android world needs it
46. ilia1986 (unregistered)
No I am not in the US. Why would we need hope? Apple is the one which needs hope - it's global market share is less than half of that of Android..
Everyone knows how this ends. Android becomes the new Symbian, while Apple remains a niche company.
55. gallitoking (Posts: 4630; Member since: 17 May 2011)
how is Apple becoming the new Symbian.. Apple is successful and it doesn't seem to be slowing down.. so please explain to me how that would happen?..
56. ilia1986 (unregistered)
Apple has always been about offering a product to a niche market. I see no reason for why would that change.
47. sguyx (Posts: 9; Member since: 02 Jul 2012)
Apple's earliest innovations: Lets take softwares/harwares from the others.
Apple's earlier innovations: Lets do some products.
Apple's this day innovations: Lets make some updates and sell them as new iphone/ipad/i-blablabla.
Apple's new innovations: Lets sue everyone all the time!