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Apple Trying to Shutdown Android with Galaxy Nexus Ban?

By - Source: FOSS | B 80 comments

If you've been following the smartphone industry for a while, you'll know that, while Apple is eager to stop the likes of Samsung from 'slavishly copying' its design, the company's desire to stop Android in its tracks is much, much stronger. In fact, just before he passed away, the late Steve Jobs was quoted as saying he'd do everything he could to destroy Android

So, how's that going for Apple? For the most part, Cupertino is targeting key Android handset manufacturers (Samsung, HTC, and Motorola to name a few). The company's most recent tactic is an effort to get a ban on the Galaxy Nexus. FOSS Patents reports that Apple brought a motion for a preliminary injunction against the device on Thursday with the United States District Court for the Northern District of California.

Apple is focusing on four patents for this suit: a "data tapping" patent, one for unified search (this one relates to Siri), a slide-to-unlock patent, and a word completion patent. According to FOSS Patents, three of these were granted in the last six months, and only the "data tapping" patent is a 'slam dunk' for Apple, as it has already succeeded with it in the ITC. This patent relates to the functionality that allows you to, for example, click on a phone number in an email to make a call or send a text.

If Apple is successful, the preliminary injunction will block Samsung from selling the Galaxy Nexus in the United States, at least until the court reaches a formal decision on this suit. However, this could go further than just the phone. FOSS's Florian Mueller points out that the newest Nexus, as with all other flagship Nexus devices, is running stock Android as opposed to Android with an OEM skin, or at least some OEM-added enhancements, on top. In the past, Google has left out some features from stock Android just to avoid infringement, Mueller says, because the search giant knows that OEMs will the features in question in later on. However, the fact that this case highlights a stock Android phone means Google won't be able to shift the blame.

"This means that Google cannot deny its undivided responsibility for any infringement findings. A preliminary injunction would not prohibit the sale of a Galaxy Nexus just because it's called Galaxy Nexus or looks like one: it's all about which patents it infringes on," Mueller explains. "Theoretically, Google could remove the functionality protected by any of these patents in order to keep the product on sale, but if it changes the program code of a lead device, this would make it particularly clear to everyone else in the market that there's an infringement issue."

This is just the latest in a long string of back-and-forth lawsuits between Samsung and Apple, but the fact that Apple is now targeting a 'stock Android' phone makes for an interesting development. We'll keep you posted on how this one pans out.

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Top Comments
  • 32 Hide
    EDVINASM , February 14, 2012 3:06 PM
    Is this a joke? Yes another nail in coffin not to buy Apple product for me. Thanks for a tip Apple :) 
  • 29 Hide
    rantoc , February 14, 2012 3:02 PM
    WyomingKnottThat makes his death sound suspicious.


    Hardly, it just added to the belief in karma!
  • 28 Hide
    Anonymous , February 14, 2012 3:34 PM
    I really hope Steve Jobs is rotting in hell right now. $@%^ anyone who continues to support Apple.
Other Comments
  • 26 Hide
    N.Broekhuijsen , February 14, 2012 2:57 PM
    WyomingKnottThat makes his death sound suspicious.

    Not really, at least if you consider for the fact that it was well know that he was sick a long time before he ever said that, it's so surprise.

    Either way, this cannot be good. Let's hope Apple fails, let's hope the lawyers know what they are talking about.
  • 28 Hide
    kawininjazx , February 14, 2012 3:00 PM
    This just in, Apple patents breathing through your nose, everyone not owning an Apple product must breathe through their mouth and thus be called "mouth breathers".
  • 29 Hide
    rantoc , February 14, 2012 3:02 PM
    WyomingKnottThat makes his death sound suspicious.


    Hardly, it just added to the belief in karma!
  • 32 Hide
    EDVINASM , February 14, 2012 3:06 PM
    Is this a joke? Yes another nail in coffin not to buy Apple product for me. Thanks for a tip Apple :) 
  • 16 Hide
    wiyosaya , February 14, 2012 3:09 PM
    xbeaterNot really, at least if you consider for the fact that it was well know that he was sick a long time before he ever said that, it's so surprise.Either way, this cannot be good. Let's hope Apple fails, let's hope the lawyers know what they are talking about.

    Yeah, sick and greedy. Jobs to whatever he believed in as a higher power: I wanted to stifle innovation, after all, I invented innovation.

    Sounds like Bill Gates and Jobs were alike in this respect. My bet is karma will come back and bite them in the butt. George Eastman stole many ideas from his competitors, and look where Kodak is now - on the brink of collapse. However, I see Gates and Jobs more intent on controlling the world rather than let people freely innovate. WTF??? crApple has $60bn US in the bank and its not enough for them??

    My bet is crApple will fail. They are desperate because their suits were thrown out overseas. And who cares if Google modifies their code - making "infringement" obvious. Infringing on a patent, is, after all, legal. All that a patent does is give a company rights to sue for such infringement.
  • 17 Hide
    NightLight , February 14, 2012 3:20 PM
    simple proposal: make all such patents only last for 1 year.
    after that, the technology becomes public use. The money is usually made by then anyway.

  • 6 Hide
    DroKing , February 14, 2012 3:21 PM
    I love how fast your wallet is thinning out!
  • 4 Hide
    Netherscourge , February 14, 2012 3:30 PM
    NightLightsimple proposal: make all such patents only last for 1 year.after that, the technology becomes public use. The money is usually made by then anyway.


    Apple can't kill Google or Android phones - all they'll do is force a higher % of the sales of each phone.

    With all the Android phones sold around the world, Apple will make much more money just tapping each sale for a %.

    Destroying Android would actually be STUPID at this point, for Apple. They'd make much more money off them keeping them up and running.
  • 24 Hide
    subaru41 , February 14, 2012 3:32 PM
    What is wrong with Apple. All they want is a communist world where they are the only phone manufacturer and everyone bows down to them. Seriously, don't they have enough money already. Why don't they focus on treating their workers with respect in China and actually pay them more than a $1 an hour. This shows they don't care about anyone except themselves and money. I am glad that Steve Handjobs is rotting in Hell.
  • 12 Hide
    lamorpa , February 14, 2012 3:34 PM
    "shutdown" is a noun. You meant "shut down" A grammatical error in the headline of an article is pretty bad.
  • 28 Hide
    Anonymous , February 14, 2012 3:34 PM
    I really hope Steve Jobs is rotting in hell right now. $@%^ anyone who continues to support Apple.
  • 24 Hide
    zzz_b , February 14, 2012 3:43 PM
    It is sad to see somenoe trying to sue, because of being afraid of competition.
    Make great products instead, so the other guy can't sell, so they go out of business the real capitalist way!
  • 22 Hide
    idono , February 14, 2012 3:57 PM
    The surprising part is that the US government keeps ignoring the blatant fact that Apple is anticompetetive in all manners possible.
  • 12 Hide
    sslapikas , February 14, 2012 3:57 PM
    That's is awesome. After the break: World is preparing for huge anti monopoly lawsuit..
  • 12 Hide
    PrimalGecko , February 14, 2012 3:59 PM
    zzz_bIt is sad to see somenoe trying to sue, because of being afraid of competition.Make great products instead, so the other guy can't sell, so they go out of business the real capitalist way!


    The problem is supposedly Apple does make great products, yet they still are not number one. Instead of doing something more innovative (Apple is NOT innovative, they are the ultimate copycat - they just market their products much better than anyone else and put their stuff in prettier cases), they sue everyone based on software patents (with the exception of the Galaxy Tab 10.1 suit). This is further proof that software patents need to be discarded as most software patents are very generic concepts that many parties can easily "invent" to solve a problem. If there was a blatant copy of mechanical and material function, then great, sue until your heart's content. Software should only be covered under copyright, not patents (and this is coming from a software developer).
  • 16 Hide
    NightLight , February 14, 2012 4:01 PM
    NetherscourgeApple can't kill Google or Android phones - all they'll do is force a higher % of the sales of each phone.With all the Android phones sold around the world, Apple will make much more money just tapping each sale for a %.Destroying Android would actually be STUPID at this point, for Apple. They'd make much more money off them keeping them up and running.


    I'm not trying to defend apple, i totally agree. It's the patent system that allows these situations to exist in the first place. Time to take care of the root problem, not the symptoms.
  • 23 Hide
    PrimalGecko , February 14, 2012 4:03 PM
    idonoThe surprising part is that the US government keeps ignoring the blatant fact that Apple is anticompetetive in all manners possible.

    Exactly my point to Apple supporters. A friend of mine constantly posts on boards and FB about how being free is something everyone should fight for, yet uses an iPhone from a company that is the most restrictive and wants to control 100% of everything you do with their manufacturered goods. The hypocrisy of Apple users is astounding.
  • 22 Hide
    Anonymous , February 14, 2012 4:11 PM
    Of course they are trying to shut them down. It's a better product.
  • 21 Hide
    PrimalGecko , February 14, 2012 4:11 PM
    mobrocketi know the attorneys for apple and google must be loving this

    They are the only true winners in these fights.
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