Apple is unable to get the sales ban on the Samsung GALAXY Nexus put back into effect

posted by Alan F. / Jan 31, 2013, 9:43 PM

The Samsung GALAXY Nexus

Last October, the U.S Court of Appeals reversed a sales ban on the Samsung GALAXY Nexus that had been ordered by Judge Lucy Koh. In reversing Koh, the Appeals Court ruled that she had abused her discretion in agreeing to the injunction on the stock Android phone. The decision in October by the Appeals Court also made it harder for a sales ban to be issued against a device based on patents covering a specific feature on a phone. The precedent that the ruling delivers allows Samsung to keep selling its products even while both Apple and Samsung prepare for another patent trial in 2014. In addition, Koh referred to the October decision in her ruling not to award Apple permanent bans against specific smartphones manufactured by the Korean based company.

Recently, Apple had requested that the entire Federal Circuit of Appeals, made up of 9 judges, hear the case at once in what is known as an en banc review. Apple was seeking a reinstatement of the sales ban on the Samsung GALAXY Nexus that was put into place last Summer before being overturned. It is very rare to get such a review, so the fact that Apple's request was denied is not exactly a surprise. The patent in question is the '604 patent, also known as the Siri patent, which deals with universal search on a smartphone. To get the sales ban, Apple would have had to prove that demand for the Samsung GALAXY Nexus was from the infringing feature, something hard to prove in this day and age of feature-rich smartphones.

Apple could decide to appeal the decision to the U.S. Supreme Court, but usually business conflicts like this one do not meet the guidelines of a Supreme Court case.

source: Reuters, TheVerge via TUAW

Options

24 Comments

1. techguy22

Posts: 227; Member since: Aug 09, 2012

lmfao. wow desperate much. they dont even sell it anymore.

posted on Jan 31, 2013, 9:52 PM 28

5. Aeires unregistered

This would have been a bigger blow towards Android than Samsung because it's a Nexus. No doubt that's what Apple was aiming for the entire time.

posted on Jan 31, 2013, 10:04 PM 19

9. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Sh*t happens. The court was trying to give Apple a hint. Apple didn't get the hint, and now this happened. Too bad, so sad.

posted on Jan 31, 2013, 11:07 PM 6

23. apexKBC

Posts: 92; Member since: Dec 10, 2012

Try try till u succeed !!!! wishes from me. to the rotten fruit.

posted on Feb 01, 2013, 10:37 AM 0

2. blingblingthing

Posts: 773; Member since: Oct 23, 2012

Quite desperate Apple, then again no problem since we have the nexus 4 available again.

posted on Jan 31, 2013, 9:54 PM 25

10. Droid_X_Doug

Apple was trying to get a sales ban on the Nexus 4 as well. Somehow, I don't think they will succeed.

posted on Jan 31, 2013, 11:09 PM 3

11. jroc74

Posts: 6023; Member since: Dec 30, 2010

Really? I mised that. So.....they decide to try to get LG mixed up in all this....I was hoping they would. I think that would be a trial worth watching. Even if its going after stock Android...it still effect LG's bottom line.

posted on Jan 31, 2013, 11:15 PM 0

13. jinxed

Posts: 107; Member since: Jan 10, 2013

maybe apple realised dat their displays come from LG..

posted on Feb 01, 2013, 12:14 AM 8

3. reyenrique

Posts: 99; Member since: Oct 07, 2012

love this news... an l think 2013 it will be a bad year for apple an 13 is bad lucky number for apple

posted on Jan 31, 2013, 9:54 PM 20

14. anywherehome

Posts: 971; Member since: Dec 13, 2011

hope for that rotten company

posted on Feb 01, 2013, 1:15 AM 3

4. deadstroke

Posts: 113; Member since: Jan 22, 2013

good to my ears sorry apple... still it will lose an more to come in this year

posted on Jan 31, 2013, 9:58 PM 15

6. GoBears

Posts: 456; Member since: Apr 27, 2012

Pathetic... really pathetic. Stock going down the tubes (which btw makes me crazy happy) and this is what they are pursuing? A sales ban on an EOL phone as new killer bad a$$ Samsung phones are just around the corner. Stupid. No wonder the shareholders are getting nervous haha.

posted on Jan 31, 2013, 10:09 PM 13

7. SuperNexus

Posts: 127; Member since: Jan 18, 2013

Who is bored from Apple patent cases? I am so bored from this. I don't know why Apple is not focusing on making good product instead of file cases?

posted on Jan 31, 2013, 10:39 PM 13

8. jroc74

Aaww.....Poor Apple.... :( "To get the sales ban, Apple would have had to prove that demand for the Samsung GALAXY Nexus was from the infringing feature, something hard to prove in this day and age of feature-rich smartphones." This needs to be in huge, bold letters... I have yet to buy an Android or Samsung Android phones based on: Unified search Bounce back effect Icons Pinch to zoom Multi Touch Did I leave any out? I know bounce back got invalidated...lol. I dont even think the G Nex sold that well. Dont really know.

posted on Jan 31, 2013, 10:47 PM 13

24. AWiseGuy

Posts: 68; Member since: Oct 30, 2012

You missed "rectangle with rounded corners," hehe.

posted on Feb 03, 2013, 6:08 PM 1

12. dorianb

Posts: 617; Member since: Oct 24, 2012

They still sell GNex's??? Dafuq...

posted on Jan 31, 2013, 11:48 PM 0

15. gallitoking

Posts: 4721; Member since: May 17, 2011

dont see any reason why fandroids are smilling... the Gnexus didnt sold... is EOL after a year of being release.. Samsung and Googgle do us a job and get that horrific device that brought nothing new to the table.. other than ICS which should be EOL as well..

posted on Feb 01, 2013, 1:51 AM 0

16. SuperNexus

Still trillion times better than any iPhone

posted on Feb 01, 2013, 2:16 AM 11

17. tmcblog

Posts: 19; Member since: Jan 28, 2013

youtube. com/watch?v=grmixtB9dZM

posted on Feb 01, 2013, 4:31 AM 0

18. rusticguy

Posts: 2828; Member since: Aug 11, 2012

They are smiling coz apple's ambition got nuked (thermonuclear way) ... got that? :D

posted on Feb 01, 2013, 5:27 AM 5

19. tedkord

Posts: 17047; Member since: Jun 17, 2009

We are smiling because irs just like watching a movie where some horse 's backside spend the whole film bullying people, but in the end gets his comeuppance. Its a feel good moment.

posted on Feb 01, 2013, 6:32 AM 3

20. tedkord

You seem like you could use some Tucks Medicated Wipes. I suggest you run right to the store and get some. Make sure you use Google Maps to navigate there, or you'll never get them.

posted on Feb 01, 2013, 6:35 AM 3

21. jroc74

And this has to do with the court case or Apple trying to ban it.....how? Folks are similg because Apple is learning they cant sue their way to the top spot.Just seen another article about how many iPhones they sold.....over taking Samsung in Q4 2012. So why is Apple even trying to sue Samsung or others? And the GNex came out in Nov 2011....so its a lil over a year old.... Yea it didnt sell well....the RAZR is EOL too but its still available thru Verizon website. It is what it is. I'm sure it was a good phone for ppl that ought it and liked it. Dont even know what to say about your ICS comment.....