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Appellate court temporarily suspends temporary injunction on the Galaxy Nexus (Update: now on sale)

Posted: , by Scott H.

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Appellate court temporarily suspends temporary injunction on the Galaxy Nexus (Update: now on sale)
Update: Just a little while ago the Google Play Store put the GSM Galaxy Nexus back on sale, listed with a shipping time of 2-3 weeks.

Samsung and Google got a reprieve heading into the weekend, as a Federal Appeals Court has rescinded Judge Koh’s preliminary injunction, at least for now. After being unable to convince Judge Koh that the Galaxy Nexus should not be put under injunction for the duration of the trial (a fairly extreme step in U.S. patent litigation), the injunction went into effect a couple nights ago.

Samsung appealed the ruling to a higher court, who has concluded that Samsung has at least a reasonable chance of getting the preliminary injunction overturned, and so has lifted the injunction until the court can rule on it sometime next in the next two weeks. Of course the appellate court could ultimately decide against Samsung, which would make this an on again, off again, then on again injunction that would leave Koh’s original ruling in effect until the trial concludes (and a final determination is reached). Since Google apparently has a work-around solution ready for launch with Jellybean-laden Galaxy Nexus units as early as next week, even a few extra days of availability could mean that there is no more downtime in sales.

Apple has until the 18th to file a response to Samsung’s appeal, although we imagine that Apple will want to file its response as soon as possible, since winning sooner means they stop sales sooner, and losing leads to the same situation regardless of timing. As of right now the Galaxy Nexus still say “Coming soon” in the Google Play store, but we imagine that will change in the coming hours (or days?).

source: Court ruling via The Verge

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posted on 06 Jul 2012, 19:40 14

1. Yummy (Posts: 117; Member since: 28 Mar 2012)


posted on 06 Jul 2012, 19:48 29

3. D.Aceveda (Posts: 396; Member since: 30 Jun 2012)

Good, Judge Koh is trash

posted on 06 Jul 2012, 20:35 7

7. Jay_F (Posts: 236; Member since: 29 Nov 2011)

Yeah! Show off all that knowledge of the judicial system!

posted on 07 Jul 2012, 04:09 7

14. TerryCrowley (Posts: 194; Member since: 31 Jul 2011)

2 years of Criminal Justice shows more intelligence than Judge Koh.

posted on 07 Jul 2012, 01:29 6

13. rnk.khch (Posts: 86; Member since: 30 Jan 2012)

Very well said!

posted on 07 Jul 2012, 23:40 1

30. Otterbox (banned) (Posts: 71; Member since: 27 Jun 2012)

This isn't justice. This is just a gesture of pity by the courts for Samsung.

posted on 08 Jul 2012, 13:42 2

35. D.Aceveda (Posts: 396; Member since: 30 Jun 2012)

Your comments get dumber and dumber across news articles

posted on 08 Jul 2012, 13:55 2

36. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)

Keep digging a hole for yourself. Being granted an injunction requires showing that you will likely be successful at trial and that money damages aren't sufficient to compensate you for the loss. That is a pretty high bar to meet. Which is why Sammy was successful in getting a stay from the appellate court.

posted on 06 Jul 2012, 19:47

2. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)

That's right back in the game

posted on 06 Jul 2012, 19:52 16

4. Santi_Santi (unregistered)

Apple cant stop one of the best devices on earth...

posted on 06 Jul 2012, 19:59 4

5. jove39 (Posts: 1976; Member since: 18 Oct 2011)

Think judge Lucy had a chat with judge Posner!
Here is what he said about Apple abusing patent system (means Apple being a patent troll) - "It's a constant struggle for survival. As in any jungle, the animals will use all the means at their disposal, all their teeth and claws that are permitted by the ecosystem," states Judge Richard A. Posner in a recent interview with Reuters.

posted on 06 Jul 2012, 20:01 8

6. jove39 (Posts: 1976; Member since: 18 Oct 2011)

Read it all here -http://www.dailytech.com/article.aspx?newsid=25116

posted on 06 Jul 2012, 21:15 2

8. InspectorGadget80 (unregistered)

bout damn time. I hope apple doesn't spend another 68 billion dollar just to ban this awesome phone

posted on 06 Jul 2012, 23:26 6

10. BREvenson (Posts: 240; Member since: 17 May 2012)

It's not like they can't afford to do that...hasn't stopped them before. But perhaps this will be a reality check, at least there is someone out there in an authority position who won't stand for Apple's BS.

posted on 08 Jul 2012, 18:43 1

37. InspectorGadget80 (unregistered)

I don't think so. remember STEVE JOBS says he would SPEND EVERY DIME on APPLE'S stock to ruin Android. but they lost another case hopefully we don't have to read BAN OR LAW SUIT for at least a month. I'm sick of this b.s.

posted on 06 Jul 2012, 21:41 8

9. Joshing4fun (Posts: 1237; Member since: 13 Aug 2010)

What does Apple think it's going to accomplish by blocking Galaxy Nexus sales?
Its not like anyone who'd want a nexus would by an iPhone instead if the former wasn't available anymore.

posted on 07 Jul 2012, 05:48 3

15. SlimSoulja86 (Posts: 660; Member since: 03 Nov 2011)

I will have to agree with u there, i bet most ppl buy or want to buy Gnex r android fans than ppl that just buy any fone. So i also doubt if they will go for an iPhone, so Apple in this case, they gain nothing but push ppl away frm the product and make people hate the Apple brand and lose respect for the brand and on top of that associate the Apple brand with some negative anti-competition attitude.

posted on 07 Jul 2012, 07:46 3

16. evperry (Posts: 13; Member since: 14 Dec 2011)

I also agree. If I couldn't buy a nexus I would just get the samsung s3. Anyone one could get get the nexus straight from the carrier or best buy anyway. I doubt the lost a sale. To top it off the JB is being pushed to the phones soon so I the reality is that the ones fighting this out are the attorneys.... To bill hours of course. If your in I law school you know where the money is now.

posted on 08 Jul 2012, 12:49 1

34. disneydad (Posts: 114; Member since: 26 Mar 2012)

It has to do with marketing and money. If they can block sales of Android devices, ill informed media outlets and consumers will spin it as the iPhone is so good that others are stealing from it. If they win in court and get royalty payments, it means more money for them.
Look at how Android subsidizes WP with different OEMs having to make royalty payments to the tune of what, $500mil a year.

posted on 06 Jul 2012, 23:42 3

11. jroc74 (Posts: 6019; Member since: 30 Dec 2010)

This is seriously turning into a soap opera...

Whatever the case.....glad that folks wanting a G Nex can get one....for now...

Amazing that all this hoopla and it can still go to trial. What were the fanboys even arguing or gloating about? Madness......fanboyism is a disease...seriously.

posted on 07 Jul 2012, 01:28 3

12. rnk.khch (Posts: 86; Member since: 30 Jan 2012)

Justice will prevail eventually!

posted on 07 Jul 2012, 09:57 2

17. blade (Posts: 32; Member since: 28 May 2012)

f**k apple for this childish behaviour you have to pay fo this mind you when google gets notification patent we will raise a petion to ban iphone and remove the feature
and then youll get the taste of your own medicine fuccccccckkk apple

posted on 08 Jul 2012, 04:45 1

32. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)

+1 Thumbs up for you man :))

posted on 07 Jul 2012, 12:10

18. EclipseGSX (Posts: 1743; Member since: 18 Oct 2011)

Yea suck it Apple, I already see faggots trying to sell a GNEX for $400 just because its not available right now.

posted on 07 Jul 2012, 18:41 2

28. paulyyd (Posts: 339; Member since: 08 Jan 2011)

you sir, are a faggot. Nice screen name by the way….Lol

posted on 07 Jul 2012, 21:12 1

29. iamcc (Posts: 1319; Member since: 07 Oct 2011)

I accidentally gave you thumbs up instead of thumbs down. Had to clarify that. You realize your name is paulyd?

Just had to make sure.

posted on 08 Jul 2012, 11:02

33. networkdood (Posts: 6330; Member since: 31 Mar 2010)

a bundle of sticks? cool

posted on 07 Jul 2012, 15:00 1

19. thedarkside (Posts: 654; Member since: 30 Apr 2012)

yay! i hope we get some in my store. i want to sell these mofos.

apple, your iphone 4 has stood the test of time for me the last two years but just stop. seriously, youre pissing me off to the point were i may just get the S3.

posted on 07 Jul 2012, 16:06 1

20. Rocksteady (unregistered)

Good thinking, I'm sure you have already had a good spin with a decent android device, same thing for the iphone.
So, for sure you can tell which of the systems give more power and control for the user.
Good luck.

posted on 07 Jul 2012, 16:30

22. thedarkside (Posts: 654; Member since: 30 Apr 2012)

i have a pretty good idea on which devices have decent battery life. my iphone has damn good battery life but i think its time to venture off to bigger and better things.

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