U.S. Galaxy S3 sales ban already requested; Apple brings up the same patent it used to block the HTC One X

June 7, 2012
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    In early May, soon after Samsung unveiled the Galaxy S3, certain reports claimed that the company’s legal counsel had a hand in the device’s design, a design that was heavily contested at the time by certain tech blogs and even potential buyers. It was suggested that the Galaxy S3 is lawsuit-proof, as its design would not infringe any of the patents Apple could use to attack the handset.

    Apple and Samsung have been involved in a huge patent-based legal fight that spanned across four continents, with the two companies suing and counter-suing each other in 10 different markets. There are well over 30 lawsuits between the two at this time, and even though Apple obtained the most favorable (temporary) rulings so far in various countries, the fight is not yet over.

    Now, we hear that Apple filed on Tuesday a new motion against Samsung in the U.S., seeking to obtain a preliminary injunction against Galaxy S3 sales in the region, as the device is apparently infringing certain Apple patents.

    FOSS Patents reports that Apple asked the U.S. court in its second litigation in California to allow it to “supplement the record regarding Samsung’s Galaxy S3 product.” Apple wants to include the new Galaxy S model in a preliminary injunction motion that was filed back in February against the Galaxy Nexus over four patents.

    The iPhone maker is apparently still analyzing the potentially infringing elements of the Galaxy S3 on two of those patents, but the company would like to obtain a sales injunction in the region based on the other two patents, the “the ’604 [unified search, i.e., Siri] and ’647 [data tapping] patents,” that are allegedly infringed by the Galaxy S3.

    In case the “data tapping” patent sounds awfully familiar, it’s because we’re looking at the same patent that helped Apple score an import ban of HTC devices with the ITC. That ban caused the launch delay of the HTC EVO 4G LTE and the HTC One X in the U.S., and that patent helped Apple move forward with a new ITC complaint against HTC, that targets 29 new HTC devices, including the two mentioned above.

    Apple’s counsel went ahead and contacted Samsung lawyers to discuss the whole matter, and asked Samsung to “confirm that it will not launch the Galaxy S3 in the United States until the Court has ruled on Apple’s preliminary injunction motion.”

    As expected, Samsung responded to Apple’s formal request telling the court that “if Apple wishes to seek an injunction against the Galaxy S3, the Court should require Apple to file a new motion and allow the parties to develop a full factual record on all four factors. Accordingly, the Court should reject Apple’s motion to amend its current notice of motion for a preliminary injunction.”

    Business Week reported today that Samsung stated that it will “vigorously oppose Apple’s request for a court to ban sales of the Galaxy S3 smartphone and still plans to go ahead with the device’s scheduled release in the U.S. on June 21.”

    Samsung will launch the Galaxy S3 in the US with five carriers: Verizon, AT&T, Sprint, T-Mobile, and U.S. Cellular. We have already given you all the launch-related details for each American mobile operator that’s getting the phone, but we’ll remind you that only Sprint, T-Mobile mentioned actual release dates. Both carriers plan to launch the device on June 21, the date that Samsung referred to in its comments to The Associated Press.

    The company said that will “demonstrate to the court that the Galaxy S3 is innovative and distinctive” and we’ll certainly follow this new legal battle between the two giants for you especially since it involves this highly-anticipated Android device.

    Comments

    • Silver97rwa

      Dirty Apple! I’ve been waiting for months for the S3 (and you can bet, I pre-ordered bright and early Tuesday morning with Sprint), I am currently using an old (annoying) Nextel phone…wanted to make sure I used my upgrade wisely. I will be SO unhappy if they put this release off any further – I am dying for a new phone!!

    • http://www.facebook.com/ntatschner Nigel Tatschner

      Just goes to show how scared of this device Apple really is. God they are a scummy company.

      • SamsaraGuru

        That, Nigel, is a gross understatement.

        I think the true truth is that Apple is NOT A TECHNOLOGY COMPANY, but rather a legal firm that uses a technology company as a front to put it in the position of being able to sue everyone around for both real and imagined transgressions against its oh so terribly valuable intellectual contributions – like inventing the rectangle with rounded corners, which they said Samsung was infringing upon by making its tablets! (The film of Knight Ridder’s tablet from 1994 thank God put the lie to that and got them for all practical purposes laughed out of court by the judge handling the case.)

        There is a saying about people and companies such as Apple: “They are so smart they are stupid.” In the end, nothing Apple tries will save it from the well deserved demise it knows in its heart of hearts it is facing now that its grand master of ceremonies is dead and gone. It is only a mater of time, and frankly, unless you are a card card carrying, decoder ring wearing Apple fan-boy no one will miss them in the least. Good riddance to bad rubbish.

    • OmarIqbal0001

      I am in the same boat. I wanted to use my upgrade wisely and I pre orderd galaxy s3. If apple succeeds with this terrible plan it will suck. What in world is data tapping and stupid Samsung why did they make s voice. It even has button like siri. I have a feeling Thu bann might get pass by court. I hate apple.

    • AppleFUD

      Look everyone. . . apple finally found a patent a judge will uphold. . .

      My question is, why does this old PC patent pertain to mobile when everything apple does for their iOS devices is to apply for something already patented and then ad “on a mobile device” to it ;)

      Maybe Google, HTC, or Samsung forgot to apply for this patent “on a mobile device”

      let the flaming begin. . .

    • TommyNYC

      Sigh….. just… just….
      F*CK YOU APPLE.
      That is all.

    • Nikolay Hristev

      Apple are so pathetic already and they are becoming even worse…

    • Frozen_flames

      Rotten apple…

    • Oscar

      God Why Can Apple And The Stupid Apple iclone Society Fans Just Go Away. Im Sick Of How The Try To Cage Our Freedom Just Like The Battery On The Iphone. lol

    • Daniel Yeun

      wow… speechless…. what’s wrong with them?

    • bob

      WOW I cannot believe apple can be so so desperate to just try banning every new android device that clearly is better than the iPhone. Stop spending money on stupid lawsuits, man up, and try to actually beat the competition instead of trying to ban it!

      • SamsaraGuru

        Apple is running scared bob. They know their days are numbered and that they are no long king of the smartphone hill.

        Their magic man is no longer with them and like most companies that were created and led by a charismatic leader, but who now must soldier forward without the creativity and prescience of Steve jobs to keep them on a course that, most likely, only Steve truly was able to perceive.

        Now, like most such companies, according to a study done many years ago in the 1950′s I saw referenced in an article specifically addressing whether Apple would falter and fall, within 24 to 48 months it is more than likely that they are going to find themselves either in trouble or at the very least slowing down.

        Yes, supposedly, Steve Jobs may have left a number of great idea products behind for future development, but just because something seems like a great idea when originally conceived doesn’t necessarily mean it is going to be a great product at when deployed at some future point.

        Thus, if they can’t create and compete they are doing their best to hamstring their competition so they move slowly enough for Apple to keep up.

    • Riizy25

      I so hate it when Apple get to do this thing, they seem to enjoy doin it. Lets just hope Summy’s lawyers did a pretty good job in helpin designin the S3 becauase if Apple wins this one then Summy is f*****

    • http://profile.yahoo.com/P2WMRJS6SIQJAQ6GSQWLSEEKQ4 Steve
      • FandroidsAreStupid

        The funny part about this is that you don’t even know anything about the iPhone 5 yet. How are you supposed to ban a product that hasn’t even been announced yet?

        • AppleFUD

          I think he’s going for the fact that apple doesn’t license much of the necessary tech from other companies that they should, not anything in particular about iP5. For example, apple did NOT licence much of the radio tech from Nokia till Nokia dragged them into court, the same is true for Moto’s 4G tech, etc.

          Funny, apple thinks they should NOT have to license FRAND patents — actual tech that MUST be used to make the device usable, but they think they should be able to block competitors for vague software patents that have no real bearing on use whatsoever — rubber band effect, bounce back effect, etc. . . the whole patent situation is fubared!

    • Goldeneye_Champ

      It this kind of shit that make you want to conciously never buy an apple product…

    • andy b

      Didn’t Palm OS have a unified search long ago? Furthermore, haven’t PCs had unified search for eons? Wtf? What is this patent?

    • Will

      Unified search patented? I’m pretty sure Samsung has been contracting Vlingo to run voice search on their devices long before Siri was around. And an even more basic voice search has been built into Android for an even longer time.

      Talk about clutching at straws…

    • http://twitter.com/MAFIAAFire MAFIAAFire

      Dear (Cr)Apple,
      DIAF.

      /Mankind.

    • yarrellray

      This will add up to NOTHING as usual. The release of the GALAXY S3 will go off without a hitch on June 21st for T-mobile and we will be there with bells on. Piss on apple and all it’s users…

      • http://twitter.com/gr1ffentate Griffen Schwiesow

        I am really unhappy about all of these bans and suing and stuff. I used to think that Apple computers and iPhone was better then the other stuff. But now, I’m typing this on my 2006 MacBook. But, I’ve replaced Mac with Linux Ubuntu. It’s just the shell of a Mac remaining. And it’s defective. Apple said so. I was offered a free replacement, but oops! I was 3 days late. But because I used to love Apple products, my home is filled with them. We have an iMac and my two brothers and my sister all have iPod touches. I’m finally switching my iPhone to a Galaxy Nexus while I still can. But please don’t piss on me.

    • http://profiles.google.com/xrousseau David Rousseau

      Die Apple Die.

    • Oo0tomas0oo

      OMGGGG!!!!!! im so tired of Apple Crying about androiddddddddddddddd phones, apple must understand that no matter how much they cry android is a better device over all………
      they feel scared that android keeps coming out with cooler things before them, the only people that buy iphones are people that take there time to understand about internet speeds , and want to learn how to use the android….

      YOU WiLL LIKE THE ANDROID BETTER NO MATTER WHAT…………

    • leoingle

      Wow, they just don’t give up. So pathetic.

    • JazzoRenee

      I mean news flash apple, you can pull all of the lawsuits out of your ass that you want, I’m still not buying an iPhone. I mean you don’t see Samsung suing LG or HTC. Let’s get it together Apple and stop acting like a baby in the crib hollering.
      I you spent half as much time in being a little bit more innovative you might not feel so threatened.

    • Mohdamr1

      Samsung still supplies apple with hardware parts and apple still sues Samsung ! Bad publicity is still publicity for both ! I am so bored and fed up of apple, they will probably go bankrupt one day as a result of all their bullying and annoying attitude.

      • AppleFUD

        I’m really curious to see what Samsung does when their contract runs out with Apple. I bet they tell apple to f’ off — they are stretched pretty thin supplying hardware for their own devices these days, and they make a higher profit margin selling their smartphones than they do selling hardware to apple.

    • Jalal Sajan

      Instead of trying to ban the sales of Samsung’s mobile devices, Apple should improve their device hardware so they can properly compete with Samsung.
      …Oh wait, Samsung is the company that supplies Apple with most of its hardware; Samsung has Apple by the balls, as they could easliy stop supplying them with hardware – temporarily – to teach Apple a lesson. However, Samsung would lose a lot of money as Apple is one of their largest hardware customers. Equally, Apple would lose millions too (probably more than Samsung).
      I think we’d all love to see how Apple would cope with their main hardware supplier abandoning them.

      • Hibrian9

        samsung and apple has a contract (idk how many years it was but samsung will proly never re-new the conrract again)

    • Msharee331

      Apple you look stupid !. Stop trying to get shine off off the S3… Your gonna lose sells !.

    • Frankm348

      Apple is scared shit-less.

    • cb

      Seriously, I hate Apple.

    • Anthony Jerome

      F*ck you Apple, pathetic considering they are using Samsung hardware in their Iphones.

    • iwantthatphone

      Are we all losing the ability to think (logically and reasonably, that is…) and turning into a thoughtless “herd” perhaps because of too much TV, music, games, marketing hypes, etc…

      All technology companies learn from and improve upon each other. It’s an evolution, not revolution. There are only so many things (light bulb, airplane, car, etc.) that can be considered as invention or innovation. If you have been in the computers/technology field long enough, you would know that what you see in smartphones today existed long before and are simply enhancements or natural progression or advancement. They are definitely not INNOVATIONs or INVENTIONs. If companies like Nokia, Palm, Blackberry, Mortorola, Fujitsu, Sony, Toshiba started putting “patent” and “interllectual bs” on every single thing they do, including aesthetics, companies like Apple would not exist and we would have only company in each industry. All jeans look similar. All Walkmans were similar in the 80′s. All LCD/LED monitors/TV’s are similar. All cars are similar, with airbag and WIFI and navigation options. If the first car company that put a seat belt, air bag, or navigation in cars “patented” them as inventions or innovations, imagine what your car would be like today… perhaps with only one car company left…

      Oh, the styling issue… Come on, look at the fashion industry… Bootcuts and straightcuts are out and skinny jeans and flower patterns are in… Do fashion companies put patents and sue each other? Is that really one company’s invention? iPhone looks cute/good in its own way, sort of like Mini Cooper, but many people much prefer Italian, German, or Japanese car designs… Do they look alike? Yes and no. You be the judge… BTW, many people bought Motorolla, HTC, LG, and Samsung phones because they don’t look like iPhone and are cheaper and better in other ways. Many people don’t like that chunky and boxy look with small screen and extremely thick bezels… It’s a personal choice. Also, if Apple’s logic or philosophy was to be followed, only 15 inch computer monitors and 30 inch LCD/LED TV’s with thick bezels are (ergonomically) useful, suitable and appropriate for human beings…

      Oh, software and the notion of “features”…. Context driven search and voice recognition existed long before in the software industry. Unless someone literally took your source code and used it without permission, it should not be considered illegal. (By the way, in today’s world there is something called “open source” and it’s very popular.) And it appears none of the companies in the dispute did that (stealing source code). What they did was they “implemented” their own version of the same or similar “features”. A good analogy would be GUI (graphical user interface like Smalltalk and Windows) and “drag-and-drop” that virtually all modern software have. Can one company sue the other company because it “believes” it invented those things? If that was the case, we would be using character based interface today with no drag-drop, mouse, etc. No Firefox, no Windows, no iOS… There would be only one Web browser, OS, mouse, keyboard, and monitor in the world… BTW, doesn’t Apple use a version of UNIX that was invented long before iOS came about? No one technology company has the rights to the “features” and “evolution”… Otherwise, we would still be living in caves…

      Let’s stop the non-sense.

    • Charlottegator

      Does anyone know what the latest is on this? My GS3 is supposed to be here on June 21st through AT&T and I am worried that it might be delayed. Anyone?

    • RockSolid

      ROFL are they serious? Infringing on siri… If there is any infringing going on there it’s Siri that’s doing it.
      Siri was nothing new, android has had such features, even the galaxy s2 with vlingo had the same stuff. vlingo should sue apple, but they probably can’t be bothered with frivolous patent lawsuits.

    • Max

      apple is such an unprofessional and unethical monopolizing “company”…. Samsung all the way!!

    • Apple

      you all stupids never forget this samsung is basically a thief company apple introduce siri samsung immediately copy this thing , pics sent is a copy of bump application used in 3 years but samsung copy this thing i m laughing to see that some stupid persons said apple is copier and obsolete but in real picture samsung is a thief company and for this a court is legal authority to gave the true decision and for this true decision some theif are very angry because truth is very hurting that kinds of people. JUNKS like theif SAMSUNG

      • rahul

        Siri is copy of vlingo :O !!!! apple copied it from samsung….!! now who is thief??

    • Apple is a father of android

      DOGS Always Barks on Apple, So this is only thing they do

      • http://twitter.com/gr1ffentate Griffen Schwiesow

        I like dogs :)

    • bengaldude545

      How is apple gonna win they didnt copyright anything therefore samsung can do whatever they want.

    • Daniel Chen

      It is action like this from Apple that unites all smart users behind Android smartphones. Of course, the other not so smart users will not buy any phone except iPhone, and just follow the tide. The tide, is however changing. I have always compared iPhones with Android phones, and then consider which one to buy, but from now on, I won’t bother with anything Apple unless my life depends on it.

    • http://www.facebook.com/profile.php?id=1008490217 Abdul Hameed

      I am completely disappointed by Apple’s behavior. Apple needs to take
      on their competitors in the market.!!!

      http://www.thegadgetcode.com/2012/09/Apple-file-another-case-samsung.html

    • Altaykai Yamada

      I love Apples. Shame that they call their company “APPLE”. It makes those delicious red apples look like white iApples.

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