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

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Samsung and Google got a reprieve heading into the weekend, as a Federal Appeals Court has rescinded Judge Koh’s preliminary injunction, at least for now.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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GALAXY Nexus
  • Display 4.7" 720 x 1280 pixels
  • Camera 5 MP / 1.3 MP front
  • Processor TI OMAP4460, Dual-core, 1200 MHz
  • Storage 32 GB
  • Battery 1750 mAh(8.33h 3G talk time)

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38 Comments

1. Yummy

Posts: 117; Member since: Mar 28, 2012

Yeah!

3. D.Aceveda

Posts: 432; Member since: Jun 30, 2012

Good, Judge Koh is trash

7. Jay_F

Posts: 236; Member since: Nov 29, 2011

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

14. TerryCrowley

Posts: 194; Member since: Jul 31, 2011

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

13. rnk.khch

Posts: 86; Member since: Jan 30, 2012

Very well said!

30. Otterbox

Posts: 71; Member since: Jun 27, 2012

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

35. D.Aceveda

Posts: 432; Member since: Jun 30, 2012

Your comments get dumber and dumber across news articles

36. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

2. Tmachaveli

Posts: 425; Member since: Apr 01, 2011

That's right back in the game

4. Santi_Santi unregistered

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

5. jove39

Posts: 2146; Member since: Oct 18, 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.

6. jove39

Posts: 2146; Member since: Oct 18, 2011

8. InspectorGadget80 unregistered

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

10. BREvenson

Posts: 240; Member since: May 17, 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.

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.

9. Joshing4fun

Posts: 1245; Member since: Aug 13, 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.

15. SlimSoulja86

Posts: 660; Member since: Nov 03, 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.

16. evperry

Posts: 13; Member since: Dec 14, 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.

34. disneydad

Posts: 114; Member since: Mar 26, 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.

11. jroc74

Posts: 6023; Member since: Dec 30, 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.

12. rnk.khch

Posts: 86; Member since: Jan 30, 2012

Justice will prevail eventually!

17. blade

Posts: 32; Member since: May 28, 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

32. zhypher_23

Posts: 195; Member since: Jun 04, 2012

+1 Thumbs up for you man :))

18. EclipseGSX

Posts: 1777; Member since: Oct 18, 2011

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

28. paulyyd

Posts: 340; Member since: Jan 08, 2011

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

29. iamcc

Posts: 1319; Member since: Oct 07, 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.

33. networkdood

Posts: 6330; Member since: Mar 31, 2010

a bundle of sticks? cool

19. thedarkside

Posts: 654; Member since: Apr 30, 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.

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.

22. thedarkside

Posts: 654; Member since: Apr 30, 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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