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

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

Posted: 31 Jan 2013, 20:43, by Alan F.

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Tags : Samsung -Samsung + Apple -Apple + Android -Android + Patents -Patents +

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

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24 Comments

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posted on 31 Jan 2013, 21:52 28

1. techguy22 (Posts: 227; Member since: 09 Aug 2012)

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

posted on 31 Jan 2013, 22:04 19

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 31 Jan 2013, 23:07 6

9. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 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 01 Feb 2013, 10:37

23. apexKBC (Posts: 92; Member since: 10 Dec 2012)

Try try till u succeed !!!!

wishes from me.
to the rotten fruit.

posted on 31 Jan 2013, 21:54 25

2. blingblingthing (Posts: 578; Member since: 23 Oct 2012)

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

posted on 31 Jan 2013, 23:09 3

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

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

posted on 31 Jan 2013, 23:15

11. jroc74 (Posts: 6019; Member since: 30 Dec 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 01 Feb 2013, 00:14 8

13. jinxed (Posts: 107; Member since: 10 Jan 2013)

maybe apple realised dat their displays come from LG..

posted on 31 Jan 2013, 21:54 20

3. reyenrique (Posts: 99; Member since: 07 Oct 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 01 Feb 2013, 01:15 3

14. anywherehome (Posts: 971; Member since: 13 Dec 2011)

hope for that rotten company

posted on 31 Jan 2013, 21:58 15

4. deadstroke (Posts: 113; Member since: 22 Jan 2013)

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

posted on 31 Jan 2013, 22:09 13

6. GoBears (Posts: 454; Member since: 27 Apr 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 31 Jan 2013, 22:39 13

7. SuperNexus (Posts: 127; Member since: 18 Jan 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 31 Jan 2013, 22:47 13

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

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 03 Feb 2013, 18:08 1

24. AWiseGuy (Posts: 68; Member since: 30 Oct 2012)

You missed "rectangle with rounded corners," hehe.

posted on 31 Jan 2013, 23:48

12. dorianb (Posts: 612; Member since: 24 Oct 2012)

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

posted on 01 Feb 2013, 01:51

15. gallitoking (Posts: 4721; Member since: 17 May 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 01 Feb 2013, 02:16 11

16. SuperNexus (Posts: 127; Member since: 18 Jan 2013)

Still trillion times better than any iPhone

posted on 01 Feb 2013, 04:31

17. tmcblog (Posts: 19; Member since: 28 Jan 2013)

youtube. com/watch?v=grmixtB9dZM

posted on 01 Feb 2013, 05:27 5

18. rusticguy (Posts: 2828; Member since: 11 Aug 2012)

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

posted on 01 Feb 2013, 06:32 3

19. tedkord (Posts: 14130; Member since: 17 Jun 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 01 Feb 2013, 06:35 3

20. tedkord (Posts: 14130; Member since: 17 Jun 2009)

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 01 Feb 2013, 07:03 2

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

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.....