Courts Side with Apple to Block Samsung Galaxy Nexus

MattyW

Well-Known Member
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Aug 4, 2009
Messages
372
Which small companies are Apple & Microsoft suing?

Anyway the point was that there are no good guys in the patent games. Just those who actually make products and the trolls.

LOL

Apple Loses Legal Fight with Tiny Spanish Tablet Maker

http://technology.inc.com/2011/11/04/apple-loses-legal-fight-with-tiny-spanish-tablet-maker/

Apple has filed a lawsuit against three companies it alleges are selling knockoff power adapters for MacBooks and MacBook Pros, according to court filings.
The lawsuit, which was filed in U.S. District Court for the Northern District of California on Thursday, names Brilliant Store, Sunvalleytek International, and Hootoo.com as defendants. Those companies operate Web sites that sell a variety of computer parts and accessories, including power adapters that Apple says infringe upon its patents.

http://news.cnet.com/8301-13579_3-20010156-37.html

A DIGITAL firm has been forced to re-brand after a legal row with US technology giant Apple.

Bsearcher, based in South Bank, Middlesbrough, launched the “ibod” search engine in March this year.

But the move soon attracted the attention of iPad and iPhone maker Apple.

Apple bosses claimed that the “ibod” search engine, which stands for intelligent business on demand, could be confused with their own successful iPod brand.

http://www.gazettelive.co.uk/news/t...ds-after-legal-row-with-apple-84229-29667206/

Teen Sued By Apple For Selling White iPhone Kits Dishes On Details
This one seems legit as she was selling apple branded parts...

http://www.huffingtonpost.com/2011/05/27/white-iphone-lawsuit_n_868187.html

Apple Threatens to Sue Tiny German Café Whose Logo Is an Apple

http://gawker.com/5853402/apple-threatens-to-sue-tiny-german-cafe-whose-logo-is-an-apple

Through agreed at this point they pretty much all suck...
 
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icyrus

Executive Member
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Oct 5, 2005
Messages
8,600
Please note I have no problem with hardware patents at all in fact I will encourage it, my issue is and always will be software patents. (Reason is because it kills what I hold dear ie: Collaboration in the form of Open source)

Close but there is no real reason to distinguish between hardware and software. The dream is a patent free world but sadly it is just a dream.
 

Vulk

Senior Member
Joined
Oct 7, 2005
Messages
615
Just to cross-post something I wrote on another forum:

It's difficult to understate how bad this is for Google. This is the first time Apple has succeeded in getting an Android product banned for sale in the US. And the Nexus isn't just another Android phone: it's Google's flagship phone; the first phone that will get Jelly Bean; still one of the few that has ICS; their official developer phone; their Android reference device. In theory, if the Nexus infringes on Apple's patents, that means every Android device infringes on Apple's patents.

The Nexus is also a key part of Google's strategy to start selling hardware directly to the public. In the US, most people buy their phones on contract, and the market for prepaid cellular contracts is very poorly developed. At the Google I/O conference last week, they announced that they were dropping the out-of-contract price of the Nexus to $350. Considering that phones on contract on Verizon sell for between $200 and $300, this was a really good price, and could have put some significant pressure on the cellular networks. Well, so much for that idea now.

It also puts Google's tablet strategy into serious jeopardy. Until now, the iPad has basically been destroying Android in the tablet space. Google has a chicken-and-egg problem: nobody is buying Android tablets, which means developers don't bother writing apps for them, which discourages people from buying Android tablets. Google's plan is to break the cycle by competing on price. They intend to sell the Nexus 7 without making a profit, build up a user base, and entice developers into supporting the platform, which will in turn make 10" Android tablets more appealing. But what happens if Apple can get an injunction against the Nexus 7? (Bear in mind, the software it runs is very similar to the Galaxy Nexus, and all the allegedly infringing software features on the Galaxy Nexus are found on the Nexus 7 too.) Then Google's tablet strategy collapses before it's even begun.

Of course, this assumes that Apple is willing to sue Google directly. Until now, they've never done that. Instead they've fought a proxy war, attacking Google's hardware OEMs but not suing Google itself. But with Google getting more deeply involved in the hardware business, it seems like there's nowhere left for either company to hide anymore. If Apple wants to continue its "thermonuclear war" against Android, it seems that Google and Apple are going to end up in court. Google is generally considered to have one of the weakest patent portfolios of any large technology companies, and their Motorola acquisition doesn't seem to have really changed that, especially since most of the Motorola patents are FRAND-encumbered. But Google, as you might expect from a company that specialises in finding and organising information, has proven to be very adept at finding prior art and having other companies patents invalidated. They successfully used this strategy against Oracle; maybe they can use it against Apple too? But Apple's patent portfolio is extremely strong.

My inclination is to think that Google is really screwed here.
 

Maverick Jester

The Special One
Joined
Oct 18, 2011
Messages
13,424
More sales? Or trying to limit the damage before iPhone 5 comes out who knows what Apple is thinking. For one the Galaxy Nexus is the only phone that will get Jelly bean next month.

On Apple lawyers just saw this cool joke:

woW4V.png

LOL!! :D
 

Maverick Jester

The Special One
Joined
Oct 18, 2011
Messages
13,424
See Intellectual Ventures for a great real-life example.

In essence a company that buys patents but doesn't develop any products. Their only income is from licensing deals and litigation.

Thanks for that.

Not sure if anyone has seen this article before:

http://www.cbsnews.com/8301-505124_162-57345445/apple-patents-using-apps-during-calls/

Breaking it down, here's the list of steps the patent actually covers:



1. During a call on a mobile device with a touch screen, with the phone user interface showing, the users touches either a menu button or an icon.


2. The device replaces the phone interface with a menu of application icons, including the phone icon.

3. A user's finger gesture chooses another app.

4. The app's interface comes up, all the while not dropping the call. The interface includes a "switch application icon" only when a phone call is occurring.

5. The user performs a finger gesture on the switch application icon, taking the user back to the phone interface.


There are also dependent claims that extend this concept in various ways. For example, the switch application icon could appear in the menu of application icons only when a phone call is underway. The menu icon or button could also simultaneously activate the speaker function, so the user can watch the screen and still hear the person.
 

Elimentals

Honorary Master
Joined
Dec 11, 2010
Messages
10,819
Google overides ban with OTA that removes local search from Nexus Phones:

Google hopes to escape Galaxy Nexus sales ban with OTA software patch

Last Friday Apple was granted a preliminary injunction on sales of the Galaxy Nexus in the United States, over alleged patent infringement. Samsung just lost its bid to stay the injunction, but that may not matter: Google and Samsung have a patch readied to address the issue that could be rolling out over the air as soon as tonight. We just spoke with a Google spokesperson, who informed us that the update, which will be rolling out to all Galaxy Nexus devices in the US regardless of carrier, will essentially dumb down the quick search bar on the Android homescreen, limiting its results to just those from the web. No local searches on the device will be performed at all, taking on-device apps, integrated Gmail, and other search results out of play. Voice search, which has been a point of contention in the trial, isn't going anywhere — but it will be restrained to the same set of limited search results.

The searchability of Android has always been one of the operating system's greatest strengths, so the change will no doubt be a usability hit depending on how you use your device. What's more, Google couldn't confirm to us whether or not users would have the option of declining the update to retain the functionality currently present on their Galaxy Nexus phones. Much of the infringement spat has related to Android's use of a unified search interface, but according to Google the standout feature of Android 4.1 — Google Now — will be safe when 4.1 arrives for the general public. "This just relates to the Galaxy Nexus," the spokesperson told us, "and not a product on the Galaxy Nexus."

Samsung will be appealing the ruling immediately. We'll bring you more on both the legal case — and the software patch — as it occurs.

Source The Verge

So I guess they will just add it back if they finally win the case or keep it off if they lose. The best part about this is A) you do not have to update as an End user and B) you can always use APK's if you do need it :)

How many people here actually use the search to find things on their phones?
I have yet to use it to look for something on my phone so just curious. (This goes for both Android and iOS)
 
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Jola

Honorary Master
Joined
Sep 22, 2005
Messages
20,124
How many people here actually use the search to find things on their phones?
I have yet to use it to look for something on my phone so just curious. (This goes for both Android and iOS)

Same here, have never used search on the Android phone or iPod Touch. Only Google for internet search.
 

TheBadMadMan

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1,057
I would have tears of joy in my eyes if Google give apple some of their own medicine and banned the iPhone 5 on release time ;) .
 

Elimentals

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I would have tears of joy in my eyes if Google give apple some of their own medicine and banned the iPhone 5 on release time ;) .

Well your dream may come true if Google's notification patent gets approved at the same time as the iPhone 5 release :)
 

FaSMaN

Expert Member
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Mar 24, 2010
Messages
1,965
I think its time that google flexes its muscles:

By withdrawing all support for google products on the iDevices for a few days, imagine the millions of iphone users trying to access there gmail or do a simple web search, only to find "Google will no longer support any iDevices, due to apples insistence to patent troll"

I think apple will bend pretty quickly and stop patent trolling...
 

Elimentals

Honorary Master
Joined
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Messages
10,819
I think its time that google flexes its muscles:

By withdrawing all support for google products on the iDevices for a few days, imagine the millions of iphone users trying to access there gmail or do a simple web search, only to find "Google will no longer support any iDevices, due to apples insistence to patent troll"

I think apple will bend pretty quickly and stop patent trolling...

That would be cutting your nose to spite your face. They currently make more money off iOS than they do off Android. Android is just a safetynet for them.
 

R13...

Honorary Master
Joined
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Messages
46,553
I think its time that google flexes its muscles:

By withdrawing all support for google products on the iDevices for a few days, imagine the millions of iphone users trying to access there gmail or do a simple web search, only to find "Google will no longer support any iDevices, due to apples insistence to patent troll"

I think apple will bend pretty quickly and stop patent trolling...

That would piss off the users who have nothing to do with apple's bad behavior.
 

Elimentals

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Really? Source?

http://www.guardian.co.uk/technology/2012/mar/29/google-earns-more-iphone-android

Android generated less than $550m in revenues for Google between 2008 and the end of 2011, if figures provided by the search giant as part of a settlement offer with Oracle ahead of an expected patent and copyright infringement trial are an accurate guide.

The figures also suggest that Apple devices such as the iPhone, which use products such as its Maps as well as Google Search in its Safari browser, generated more than four times as much revenue for Google as its own handsets in the same period.

With roughly 200m Android devices having been activated to the end of 2011, including an estimated 90m during the past two years, it suggests that Google derives slightly more than $10 per Android handset per year.

That compares to Google's $38bn total revenues in 2011, almost entirely derived from advertising on PCs, of which there are 1.25bn installed worldwide, according to Microsoft. That suggests an average revenue for Google of about $30 per PC per year, though not all will be capable of accessing the internet or will use Google, so the actual figure will be higher.

Google has never released figures for revenues it derives from the use of Android handsets, where it makes the software available to handset makers for free and generates revenues from adverts and app sales. The company declined to comment on the Guardian's calculations, which it was shown ahead of publication.

The figures emerge from a damages offer that Google made to Oracle as part of settlement talks ordered by Judge William Alsup in the case, in which Oracle is alleging that Android infringes patents and copyright that it owns on the Java programming language. It acquired that intellectual property when it bought Sun Microsystems, which owned Java, in 2010. The trial is due to start on 16 April.

The suit began in 2010 with Oracle claiming that Android infringes a number of Sun patents and also infringes copyright in Java. The number of patents has been whittled down to just two.

In a pre-trial settlement offer, Google proposed that it would pay Oracle a percentage of revenues from Android, suggesting it would pay $2.8m in damages on the two remaining patents that Oracle is asserting for the period to 2011, and then 0.5% of ongoing Android revenue on one patent which expires this December, and 0.015% on another which expires in April 2018. The court documents (PDF) do not explain how the Android revenue is calculated, but the key source would be advertising revenue. Google also gets a 30% cut from app sales to Android devices.

Google said the damages figures matched what had been calculated by a court-appointed expert. The offer does not mean Google accepts that it has infringed the patents claimed by Oracle.

The $2.8m offer, at a combined rate of 0.515%, suggests that Android's total revenue since the launch of the first handsets at the end of 2008 through to the end of 2011 was $543m. Patent payments relating to phones are generally made on a per-handset basis at a fixed licence fee for any phones that would be judged to infringe the relevant patents.

The figures also suggest that Android could generate more than $1bn in advertising revenues this year. To achieve Android "certification" handset manufacturers have to include services such as Google search, maps, YouTube and other functions. Some companies, including Amazon, have declined to do this.

Google has however talked up mobile generally as key to its future. Larry Page, Google's chief executive, said during an earnings call in October that Google was "seeing a huge positive revenue impact from mobile, which has grown 2.5 times in the last 12 months to a run rate of over $2.5bn."

But while some people interpreted that to indicate Android revenue, it overlooked Google's deal with Apple, in place since the introduction of the iPhone in 2007, through which it provides maps and the default search engine for its iPhone, iPad and iPod Touch products, which run Apple's iOS software. Apple's chief executive Tim Cook said the company has sold 315m iOS devices, though nearly half of those have been sold in the past year.

In turn, the comparison of total Android revenues from the court documents suggests that iOS has so far generated more revenue for Google than its own handset ecosystem.

Oracle rejected Google's offer, saying the proposed damages were too low.

The lawsuit began after Oracle bought Sun Microsystems for $7.3bn in 2010 and with it the rights to the Java programming language and its patents. Oracle has complained that Android in effect copies functions of Java without a valid licence.

Oracle, a business software maker with $36bn in annual revenue, has said it is seeking hundreds of millions in damages – though it was forced to water down its earlier damages claims after pre-trial examinations led to a number of claimed patents on Java being invalidated.

Google, which relies on its dominance of search and advertising for most of its $38bn in annual revenue, believes that even if it loses the case, it won't have to pay more than a few million dollars.

A joint statement filed this week provided the latest reminder of the friction between the two companies.

In the papers, Google argued that the trial could be shortened from its scheduled eight weeks and sought to appear before a US district judge instead of a jury. Oracle doesn't believe the trial schedule should be revised, nor is it willing to waive its right to a jury trial. Juries typically award larger damages and are seen as more likely to find in favour of the plaintiff in patent and copyright trials.
 

Vulk

Senior Member
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Oct 7, 2005
Messages
615
Since I converted my Nexus to yakju (ironically, in order to receive faster OTA updates from Google), I assume there's a chance that my phone is getting the update?

So basically, Google is possibly going to cripple one of the features on my phone, thanks to Apple and their anti-competitive lawsuits. As you can imagine, I'm not feeling very happy with Apple right now.
 

Vulk

Senior Member
Joined
Oct 7, 2005
Messages
615
Here is a screenshot of the offending feature:

TC9PA.png



If I search for FNB, it finds the FNB app on my phone, an FNB phone number that I have stored in my contacts list, and a link to their website. According to Apple, this causes them "irreparable harm" by competing directly with Siri and stealing sales. Considering how different the two features are, I am amazed that the judge accepted their reasoning. (And this is assuming that the patent is even valid in the first place; I would very surprised if there is no prior art dating back prior to 2004 for such an obvious feature.)
 
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