03
Jul
samsung-galaxy-nexus

According to AllThingsD, Google is working quickly to release a software patch to its Galaxy Nexus handset in order to avoid a preliminary injunction sales ban in the US. Google says the patch will be coming very soon (eg, tonight). The news came hot on the heels of Judge Koh's denial of Samsung motion to stay the ban while it appealed the injunction to the circuit court.

Google will also be assisting Samsung in its appeal of the ban, and to challenge the legitimacy of one of Apple's patents on universal search. Google is seeking to have the patent invalidated at the USPTO, as well. Does Google's issuance of a software patch necessarily mean the ban will be avoided? That's hard to say, though the fact that Apple's given up a $95 million bond in support of its sales injunction certainly means there's money on the line if it's later found the Galaxy Nexus doesn't infringe Apple's patents.

The injunction will prevent all sales and shipments of the device in the United States (as of yesterday), though many retailers will probably continue to sell the device until stocks dry up, should the software workaround fail.

Samsung will likely file for a motion to dissolve (rescind) the injunction as soon as the patch is in place, and those hearings can take place in a matter of days. We'll see how Judge Koh responds to Google and Samsung's software finagling, as thus far she hasn't seemed too sympathetic.

AllThingsD

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • http://twitter.com/deadly_v2 J J S

    Wonder how long its going to take for Verizon to ok this update. LOL

  • Ron Amadeo

    How DARE you use a search bar to search for things!

    • http://them3blog.wordpress.com/ Abel

      and above All the things we have had that "search function" nearly a year before iOS got the universal search box..... I was thinking Google will aim for an invalidation of the patent...

      • http://twitter.com/wyattearp Wyatt Neal

        The patent is from 2004, filed in 2000. It's relating to the stupid Finder / Spotlight search capability in the Mac OS. They'll have to dig up some Google prior art (a la desktop search) or something else to invalidate it.

  • NeedName

    except for the Verizon version. . . lol. . . sorry to all those who own a Verizon GNexus

    • JamesR624

      What do you mean sorry? I am getting a GSM Nexus and will be doing EVERYTHING I can to AVOID the update. Now google is having to remove it's OWN features cause Crapple want's to be a little bitch about it. I will be rooting and getting a stock jelly bean rom from XDA with the local search function INTACT. I never thought I'd see the day where I had to be FEARFUL of Android updates just as I had to with a jailbroken iPhone.

    • MCO

      Don't feel sorry for me, man..my Toro Nexus is running Jelly Bean too. Oh, and I actually have 4G. So doing fine:)

  • Bob Someguy

    The Judge seems like an idiot and has no ability to distinguish a legitimate patent from a crap patent, but alas that is the state of our judicial system.

    • NeedName

      That may be true. . . however, I looked into it a bit more and apparently she passed on the ban a while back and higher-ups remanded it back to her — apparently somewhere along the line there seems to be some pressure being applied. . . . and we all know how powerful *pple is in Ca.

      • Stan Jez

        Pressure from someone? Surely not? Do I exhibit a slight bit of cynicism? Apple has done a great job in marketing. There is big money in it for them, perhaps something that could be taken up by competitors. That big Apple logo shows up everywhere including most TV programs where computers or phones are being used. The Murdoch press here in Australia for instance, seem to think that apps or tablet media are only apple based. News items crop up quite often extolling the virtues of i products. Mind you you don't hear much about a better washing machine, microwave, or car......... No money connection there. So until the likes of Google, Samsung, HTC etc become meshed with the big end they will be targeted to minimize rocking the money boat.

  • cooldoods

    good, the battle is ramping up. Let's settle this once and for all -- are Apple's software patents for mundane stuff such as slide-to-unlock invalid?

  • Joshua Barta

    I'm not a lawyer, but the patent in question (universal search) seems not only obvious, but something that was implemented by Google Desktop, a program released in 2004, prior to this filing.

    • Mitchell Feigley

      That patent was filed in January of 2000...

      • http://MyShocker.com Nudo

        that's the "related patent"
        6847959 you are referring to
        although admittedly, I don't know what bearing that has, big or small.

  • http://digg.com/users/OmegaWolf Silver Fang

    What exactly will this patch do, eliminate the Google search bar?

    • paradox460

      I'm rooted, so I don't really give a damn what it does, but worried for my friends

      • http://geniousatplay.blogspot.com/ Bikram Agarwal

        Rooted = saved from this ota? Please say "F**k yeah".

        • paradox460

          Yup, if you're rooted, you shouldn't get OTA notifications.

          • ATom

            I have rooted Galaxy Nexus and I normally got OTA update to 4.0.4. Root doesn't stop OTA, it is still official ROM. Only custom ROMs doesn't have OTA

    • moelsen8

      Apparently it will search the web only.. And not return local (on-device) results. From what ive heard.

    • GliTcH

      Exactly. They're calling it a patch not an upgrade because it will restrict/remove features

  • http://www.bricewgilbert.blogspot.com Brice Gilbert

    Supposedly this will go out no matter what carrier you have... We'll see.

  • Sean

    It doesn't even really need to be said, but god DAMN are these patents ridiculous. While we're at it, let's shut down Google Search, Bing, Yahoo, MSN, and every other search engine who DARES to let us search for things. While we're at it, let's just pay taxes directly to Apple.

    • SebaKL

      "let's just pay taxes directly to Apple." +1

      Kudos, for really fun comment.

  • Treknologist

    Apple has awakened the sleeping giant...

    • Andrew Han

      Its about time that GOOG is stepping in! I was wondering why they are letting its partners fight these law cases. I guess it was confidence in them. Oh well, hope this law cases spurs up more lawyers with a computer science background or can the current lawyers get consultation from developers/programers.

  • brian

    I'm rooted and running jelly bean on my sprint Gnex. *pple can get bent.

  • Alan

    Well I won't be installing it. I won't have crApple tell me what I can do on my phone, especially when it's not even their OS. They can take a long walk off a short pier!!!!

    • friendly reminder

      the update isnt for people who already own the phone. its to alter it to avoid the sales injunction so they can keep selling it

      • Alan

        The update is being pushed out to ALL Galaxy Nexus phones.

        • http://twitter.com/andr3wjacks0n andrew jackson

          All Galaxy Nexus phones running stock software. And even if they update it, 4.1 unpatched is still on the web you can just flash it back.

  • http://MyShocker.com Nudo

    The ban is now active, Galaxy Nexus is no longer for sale from Google... it says "Coming Soon"
    Sad thing is, I only found this out because I was about to buy one :(
    https://play.google.com/store/devices/details?id=galaxy_nexus_hspa

    • Alan

      If the ban is in effect then why bother with an OTA?

      • http://MyShocker.com Nudo

        because the OTA is supposed to fix the ban

        • Alan

          and I'll be ignoring it, crApple isn't telling me what I can do on a device that isn't theirs!!!

  • Stan Jez

    Considering the wealth of Apple the bond given is small change. One of these days Apple tactics will begin to fail. Nice to see Google stepping up.

  • GliTcH

    Does this mean the latest patch/"upgrade" will actually remove features/dummy down the os to compensate/avoid the patents?

    • JamesR624

      Yep. Apple is SO big now that they can now say what you can and can't do on your ANDROID device.

  • Joe Menard

    Google please update everyone to jelly bean AND the work around to avoid the ban. Surprise the nexus users

    • Andrew Han

      that would be great! except there is another asshole company that will prevent the immediate update, yeah Im talking about you big red!

  • http://MyShocker.com Nudo

    Could this possibly be an early 4.1 update!?! that would kick ass

  • JamesR624

    Guys. I HATE to say this but I think Apple DOES have the upper hand here. From what I can tell, the patent is about local search. Now iOS is techinacly a FORK of Mac OSX which has been around LONG before android. The spotlight feature on iOS is the EXACT same as spotlight for Mac which has existed since around 2002-03. LONG before Android was even a twinkle in Google's eye. I HATE to say this, I really do, but I think apple will win because its part of their "spotlight" patent.

    • http://droiddev.co.cc/ CuriousCursor

      I don't think iOS is a fork, it's based off of *some* low level code but it's not a fork. If it was one, it would have waaaaaaaaaaaay more functionality.

      • GBGamer

        Apple uses BSD as their kernel. You can run BSD programs on Mac, including GNOME. If that doesn't mean fork, please tell me, because I have been going off wrong information.

    • NeedName

      OSX is based on open-source BSD. iOS is based on OSX, thus BSD.

      Look up the patent. It's based on a patent in 2000 with a butt ton of items and the 2004 patent in question has ~21 items. In other words, these patents look like they are VERY specific methods of "unified search" which leads me to believe that there are either, other patents for unified search out there or there was such things in the market at the time. And finally, it's pretty frickin' obvious that you will use ONE search box to search multiple areas to find stuff.

      Just think back, can you remember having a "unified search" of any time pre 2000? I can.

      The thing is, Samsung & Google need a work-around now because the courts will ban the devices for a year or more while waiting for trail which effectively kills the devices.

      I seriously doubt that apple has any serious patents that can't be worked-around. They are just throwing everything they can at the wall right now to see what sticks, and trying to get the courts to help them increase their market share because their products can't do it — gotta get the sheeple locked-in.

  • Christopher Bement

    How dare you Google stuff on your Google device!

  • http://twitter.com/wyattearp Wyatt Neal

    Sure, you can't buy it in the Google play store, but hit up Amazon Wireless, they've got them in stock!

  • http://twitter.com/ToysSamurai Toys Samurai

    How can Google, a company dedicates all its business in search, be found violated a search patent, and has no counter-action towards Apple on any i-devices and Mac's searches? Please don't tell me Google does not have a big pile of search related patents, and don't tell me that Apple has nothing that fallen into their boundaries.

    • NeedName

      The patent has NOT been proven to be
      1. valid
      2. or that Android does indeed infringe it.

      This is a *preliminary* injunction — just to screw Sammy & Google till the case goes to trial. . . in what, 2014 or something like that.

      Nothing has been proven by apple at this point. The judge just *feels* that apple has made a *case* that IF Android does infringe said patent that it *might* cost apple some market share.

      Yeah, cause someone that is going to buy a Nexus would have gotten an iphone instead. . . right.

      • http://twitter.com/ToysSamurai Toys Samurai

        I understand what you mean, but what was puzzling me is that how can Google, being a company rely so heavily in search, not able to find a patent or two that Apple could be infringing in its i-devices and sue them for that. For example, I recalled Google has a patent that categories search result, wouldn't it be applicable to how search results was displayed in the iOS?

  • yarrellray

    Time has come for Google to STOMP Apple and Piss all over them.

  • http://profile.yahoo.com/6WYJ5QAY4FFWC6YKT2WP7WB3A4 Razmah

    why dont all the big asian countries (korea/china, etc..) that supplies parts and/or build what the iphone end result is...and let apple find other countries to do business with them, as far as having the iphones supplied with all the crucial parts to have it built.

    then have all the asian countries that supplies all the parts and builds android phones/tablets deal with only android based companies...no more doing business with apple!!!

  • NoName

    I have universal search on my Symbian Nokia from ages!!

  • EricG

    I thought that Apple stole Universal Search (search across multiple apps, including calendar, mail, and iTunes) from Palm, with his Global Find (http://www.chatopus.com/articles/palm_search.html)? In mine opion Apple stole a lot of things of Palm and has so totally no rights to sue others.

  • xxdesmus

    Why do I get the feeling it's going to come out a few months from now that this judge is already in Apple's pocket? The entire situation is very sketchy, especially given how ridiculously generic and absurd the alleged patents are

    • SebaKL

      Might not be in the pocket. Could be simply a brand enthusiast. If we talk "fanboy" here, it would explain why she is borderline mental.

  • android convert

    Doesn't Samsung supply apple with parts for the iphone/ipad. I think they should screw apple over last miniute before next apple product release.

    • SebaKL

      The business is too big to mess around. Plus, I suppose they have iron locked agreements, with huge compensations and damages clauses in case of such events. Even if Apple get their phone banned from market, they make money with every iphone sold. Either way, money keep coming in and it is the primary objective, keep share holders happy...

  • android convert

    We should start a petition to show Apple what the people think about there sneaky antics and also let Apple know that if anything there turning people against themselves. Apple should spend there time on research and development and creating great products like they used to, instead of trying to slow the competition down through lame court action.

  • woobaker

    google should tweak the search results of all icrap users to return the results with google ads as the first few pages....you know they can do it. what does crapple use for its search database? google is my bet

  • woobaker

    Microsoft has had universal search built into windows longer than apple. hell my palm os had it back in 95 and that predates the icrap

  • SebaKL

    I know it sound stupid, but given the circumstance (court's idiot judge and apple) I would bundle the phone with the Nexus 7 tablet, up the price of tablet, and add the phone as free extra. Kind of "promotion". I don't think there is a low forbidding company from giving away "free product". I for one, would be happy to pay extra for the tablet to get "free" phone. Seriously, there has got to be some stupid loophole to work that around. I still can't believe that someone can be held from putting product out. A ripping off features happens across all industries, from fashion to cars or juicers. Only Apple gets so ridicules to actually request a ban..mind numbing.... And it's obvious, all this behaviors are due to insecurity of making inferior device, than for the sake of Patent fairness. First 5 min of WWDC opening, Apple took piss at Samsung twice. We are dealing with moody, little bully, fucktard child, fronted with share holders and big office.

  • http://www.facebook.com/nguyenbb Brian Bao Nguyen

    We should make a simple patch to revert everything back after the official patch just to screw apple

  • http://twitter.com/eddyvlad Eddy Vlad

    Allowing patents on user experience is the dumbest thing to start with.

  • Havoc70

    i wont install the patch just to let Crapple know it can Piss OFF!

  • KyleRay

    BeOS had the only true Universal Search/Query Instant Live Real Time Tool, with FIND entry box right in Tracker dock. It could run live... real time queries like on a database on it's virtual database like file system natively. Everything after it was only partly able to do Universal Live Query Searches, on only parts of their far inferior operating and file systems. The reason I'm dissing on all other OS's, is there still hasn't been anything even close to it since. Even back then on slow hardware it was massively multi-threading OS and didn't care how much you loaded it up. Running many apps and services w/ many mp3's and videos at the same time couldn't slow it down. The file system supported internet protocols natively, so even it's Tracker was able to run via it's simple NetPositive Web Browser for searching the network or web!

    This patent was originally written by Apple and applied for prior to 2000 while Apple was desperately trying to get a Universal Search engine going on it's OS-X with Apple's quirky and clunky HFS+ file system design funky Windows like search . After failing many times, then they hired Dominic Giampaolo the father of BFS (file system expert) to make Spotlight more BeOS Tracker FIND... like. He did it despite Apple OS nor file system was prime for the job, not being anything like BFS or BeOS Tracker. By using a virtual sub file system with metadata tagging in the hierarchical way a database works like in BFS.

    However Spotlight still fails to meet all claims of it's own "Universal Search" patent filed in 2000 prior to Dominic going to work for them with his own prior art, programing code and work on both file systems and instant search tools that did embody what their patent claimed. Meaning that having Dominic working for them on Spotlight would make controlling prior art submissions a little tougher in court or presented to the USPTO to invalidate said patent. Now Dominic becomes the main witness against Apple's patent invalidity in reference to his own created Prior Art. Since his Universal Search and file system worked on BeOS, making him Google's biggest prior art weapon in this case! ......so expect another one of these so called thermonuclear patents to be biting the dust..... soon!

    btw... despite all Dominic's heroics on Spotlight and HFS+ it has never been able to fully implement it's own claims in it's so called Universal Search Patent...... not even with Siri. Because Apple has never written a universal search algorithm (engine) that could run natively on it's HFS+ file system. So it's not really running searching in an unlimited way Universally. They're screwed on this patent! ;-P .....you're going down Apple!