Galaxy Nexus 3-in-1 Story; Galaxy Nexus Gets Kicked Down But will Come Back Fighting

[dgstorm]

We have three important and distinct bits of news for you guys regarding the Samsung Galaxy Nexus. The device has been kicked hard in the gut but will rise to challenge its oppressor.

First, last week we reported that U.S. District Judge Lucy Koh in San Jose, California, ruled that the Galaxy Nexus violated Apple's "Siri" patent, and instituted a ban on sales of the device in the United States. Of course, Samsung moved to stay this injunction. Unfortunately, as of late on July 3rd, the judge denied this request. This means that Samsung and Google must now appeal at the federal court level. In the mean-time, Samsung and Google can no longer be sold in the United States. This leads into the second news item for the device...

The second bit of news is that the Samsung Galaxy Nexus has been taken down from Google's Play Store. Consumers in the United States can no longer purchase the Galaxy Nexus through retail or online until this case goes through an appeals process.

The final bit of news is that you shouldn't count this gladiator out of the fight yet. In fact, you can expect it to rise to the challenge, even after being dealt what appears to be a near-lethal blow. According to a report at AllThingsD, Google and Samsung are working hard on an OTA software patch update that will bypass the offending issue with some creative programming. The patch will supposedly be available tonight. Afterwards, Samsung will probably file an immediate motion to dissolve the injunction, which will likely only take a few days.

That's not all Samsung and Google are arming the G-Nex with. Here's a quote with a few more details,

Even as it pushes out the software update, Google plans to support Samsung in its appeal of the injunction, as well as to challenge the universal search patent at issue in the case.
Google and Samsung are also expected to challenge the validity of the patent, seeking a reexamination by the U.S. Patent and Trademark office. Their argument likely will center on the notion that universal search predates the Apple patent.

It remains to be seen if their software magic will be enough to convince Judge Koh. Does it seem like this Judge is overly biased toward Apple? Perhaps if this case end up going to the federal level, we might get a more sympathetic judge.

Updated: According to a report over at BGR, Google and Samsung plan to have the Galaxy Nexus back in the Play Store by early next week, and that their solution will "shut down Apple’s claim that the device’s software infringes upon Apple’s universal search software patent." BGR even hinted that the solution will be Jelly Bean itself in the web-title of their story, although it could involve more software tweaks than just the new OS. We will keep you apprised as more develops.

Source: Reuters, Google Play Store, and AllThingsD

 

[Arkbird]

I think Judge Koh is doing her job in regards to banning the sale of the Galaxy Nexus. I know that may seem hard to believe but she really is. The real flaw is the US patent system which allows for the most vague of ideas to be secured as patents, and then aggressively held by companies. I think that's the part Judge Koh is missing and I think that's why she *seems* to favor Apple in these suits. I agree that a higher, federal judge will be more weary to side with Apple in these disputes and hopefully has a little more knowledge about how the US patent system works.

The Galaxy Nexus maybe out for now, but this is a small roadblock for Google and Samsung. They will probably have more courtroom battles ahead but I think they're prepared to fight for Android.

 

[manhatton]

Pretty sure she knows the patent system. She worked for a law firm that specialized in tech IP.

Lucy H. Koh - Wikipedia, the free encyclopedia

 

[dgstorm]

I think Judge Koh is doing her job in regards to banning the sale of the Galaxy Nexus. I know that may seem hard to believe but she really is. The real flaw is the US patent system which allows for the most vague of ideas to be secured as patents, and then aggressively held by companies. I think that's the part Judge Koh is missing and I think that's why she *seems* to favor Apple in these suits. I agree that a higher, federal judge will be more weary to side with Apple in these disputes and hopefully has a little more knowledge about how the US patent system works.

The Galaxy Nexus maybe out for now, but this is a small roadblock for Google and Samsung. They will probably have more courtroom battles ahead but I think they're prepared to fight for Android.

I actually agree with you Arkbird. At the level that she is at in the process, it is not her judicial duty to try and do the correct thing. All she can do is enforce and interpret the law in the strictest sense as it is currently written. It's up to a higher level court to reinterpret things. Maybe then the broken patent system might get the attention it needs to get fixed.

 

[Nealius]

is the issue with Google's voice search or the new Google Now?

I agree with the comments about our patent system being the true problem. But I seem to take my anger out on Apple mostly.

 

[Trapper31]

is the issue with Google's voice search or the new Google Now?

I agree with the comments about our patent system being the true problem. But I seem to take my anger out on Apple mostly.

From what I read and understand (which is little) the issue is with the phone's global search. Somehow Apple's patent covers a search function that displays results from both the web and from other sources on the phone, such as apps, contacts, files, etc. So the patch that Google and Samsung are issuing will cripple the Google search bar on the Nexus and only allow it to return results from the web. It's a work-around, but it really limits a function that many people are used to.

 

[Nealius]

Thats a huge crippling blow to the phone and all future phones. Keeping figures crossed that the rom devs can find a work around.

 

[Trapper31]

Thats a huge crippling blow to the phone and all future phones. Keeping figures crossed that the rom devs can find a work around.

I don't have a Nexus, but if the recovery boot loaders are anything like the ones from the Droid 1 the automatic updates should be turned off by default (definitely check though!). So anyone with a rooted Nexus hopefully won't get the OTA update.

I also think that this is temporary measure, so they can continue to sell the phone while they get the appeal process rolling in the federal court. What a headache for them though!

 

[Arkbird]

Pretty sure she knows the patent system. She worked for a law firm that specialized in tech IP.

Lucy H. Koh - Wikipedia, the free encyclopedia

Maybe she does then. I still believe that the patent system is flawed and I think she either knows that and is still trying to defend the patent based off of what it is, or that she doesn't necessarily care that it is flawed and she's just interpreting it how she sees it. Either way, she's doing her job, it's just not in the way we hope. I think we all hoped she would be a little more weary of Apple and these patent disputes and how vague some of the patents really are. Either way, it's going above her in court so we'll see how another judge feels about this entire thing.

 

[Nealius]

no worries about an OTA. but if the logic is removed from the source all Roms will be effected also..

 

[Bowtie]

If all Gnex owners run out and get JB 4.1 installed, the OTA won't change anything because the patch is being written for 4.0.4/5.

 

[Trapper31]

no worries about an OTA. but if the logic is removed from the source all Roms will be effected also..

Oh I see what you mean. So if Google release 4.1.1 (or whatever the first update to Jelly Bean will be) then any roms built of off that will have the lowered search functionality. Good point, I didn't think of it that way. Well the Android devs basically rule, I bet they'll figure it out.

 

[jpiarull]

To those who think Siri is an original product, you are dead wrong, voice recognition technology has existed long before Siri, ever heard of V-Lingo? Google search via voice recognition, blue-tooth, among other audible sensing technology existed waaay before this latest lame, grave, and ridiculous injunction. Apple's argument holds no water in my book, apparently you need an engineer to describe to lawyers who's right and wrong here...:icon_eek:

 

[GBH2]

I actually agree with you Arkbird. At the level that she is at in the process, it is not her judicial duty to try and do the correct thing. All she can do is enforce and interpret the law in the strictest sense as it is currently written. It's up to a higher level court to reinterpret things. Maybe then the broken patent system might get the attention it needs to get fixed.

With all due respect - it IS her job to determine the validity of the patent, the scope of the claims and to determine whether or not the elements used by Samsung and Google infringe the claims of the Apple patent.

That said, it is a preliminary injunction and Samsung's attorneys may have not have made the best case to have it denied. In Judge Koh's defense she can only look at the evidence presented to her. I do think the patent should have never issued, at least not with the broad scope that it seems to have. I am confident that the patent in question will eventually be restricted in scope if not invalidated all together. I DO think it is a problem having US District court judges with no technology background making many of these determinations.(I don't care where she worked, she herself has no technology background)