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Apple granted sales ban on Galaxy Nexus

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By Charles Starrett

Contributing Editor
Published: Monday, July 2, 2012
News Categories: Apple

Apple has been granted a request for a preliminary injunction against the Samsung Galaxy Nexus smartphone. Reuters reports that U.S. District Judge Lucy Koh ruled in Apple’s favor for the second time in recent days, as she also approved a pre-trial ban on Samsung’s Galaxy Tab 10.1 tablet. “Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products,” Judge Koh said her ruling. As a condition of the injunction, Apple was ordered to post a bond of more than $95 million to secure payment of damages suffered by Samsung should Apple lose the actual trial.

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Comments

1

Interesting that Apple is being required to post a bond to cover the damages, wonder if that will make them second guess what is clearly snipe hunting 21st century court style.

While there is little doubt the underlying aesthetic to the Galaxy products was initially inspired by iOS, beyond that, Apple is just making crap up and finding judges willing to help them compete by not competing at all.

The bottom line is that a grid of buttons is hardly an original idea and that Samsung has done a better job polishing the user experience than Apple for consumers, which is why Apple goes after Samsung so aggressively. It’s completely different hardware, OS, and software, but the *experience* rivals/beats Apple’s in a way that consumers find attractive even in the face of Apple’s advertising tsunami. I know that if I were new to the market of “smart” multimedia devices there’d be no other choice but the Galaxy line for me - it does what Apple does well AND gives me the choice and flexibility of Android, what’s not to love?

It will be interesting to see if Apple wins at trial, but if they do, Samsung will just release a modified version to get around the ban and, in the mean time, consumers will just do what they did the last time Apple pulled these shenanigans: import Galaxy devices from other countries. Really, does Apple think that getting the U.S. and German courts to ban Galaxy devices is really going to harm Samsung or stop consumers from adopting good alternatives?

Posted by Code Monkey in Midstate New York on July 2, 2012 at 7:34 AM (PDT)

2

Don’t forget Samsung won one last week where Apple has to pay them over a 3 G utility patent, and Motorola won one where Apple has to pay them also. It’s not just APPLE

Posted by justmeblue on July 2, 2012 at 2:53 PM (PDT)

3

@2: No, it is indeed the Southpark case of “Everbody v Everybody”. There was a week late last year where Apple, Motorola, and Samsung were all found to be violating each other in Germany. It’s just that Apple has been particularly aggressive in regards to the Galaxy line because it’s their biggest threat on the Android front, Apple is like a angry toddler screaming “MINE! MINE! MINE!” because Samsung put the energy and work into making an Android product that is meant to be, for lack of a better way of putting it, on par with the ease and friendliness of Apple’s products.

I’m all for tossing the whole non-specific patent stuff of the nearest cliff and starting over: You get to patent specific code and specific technology, ideas are public domain, ideas and concepts are automatically public domain. Our courts, our markets, us as consumers, even our corporations etc. would all do much better if they could get away from this idea of “competing” via buying up as many of these overlapping, duplicated, nonspecific patents as possible and then chucking crap at the walls to see what sticks to hamstring their competition.

Posted by Code Monkey in Midstate New York on July 4, 2012 at 5:10 AM (PDT)

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