28
Aug
verizon_b004xd1s4m-02lg

According to the Wall Street Journal, Samsung isn't wasting time on keeping the eight smartphones Apple is demanding injunctions against on store shelves. And no, I'm not talking about an appeal.

Samsung is currently working with the carriers selling at least five of those phones in order to strip them of the features described in the software patents they were deemed to infringe as part of Friday's verdict in Apple v. Samsung. This includes things like scroll bounceback, tap-to-zoom, and multitouch scrolling.

The problem? It may not help at all. Apple is just as (if not more so) entitled to injunctive relief under the design patents Samsung was deemed to infringe, so these efforts may be for naught. For obvious reasons, there is no way Samsung can "work around" design patents on phones it has already designed and manufactured. That said, the eight devices Apple is demanding bans on aren't exactly cutting-edge.

Screen_Shot_2012-08-27_at_11.17.15_AM

The only device that could escape banishment by removing software features is the Galaxy Prevail, a Boost Mobile budget device.

For some phones, this could mean updates to slightly newer versions of Android (Samsung apparently has none of these infringing features in its 2.3.5 Gingerbread builds). For others, like the Galaxy S II variants, it means nothing (most likely) - they're already on Android 4.0, which should have removed those infringing features. For one or two, though, it just may mean blatant feature-stripping in order to save time.

We'll be on the lookout for these updates in the coming weeks.

WSJ via TheVerge

David Ruddock
David's phone is an HTC One. He is an avid writer, and enjoys playing devil's advocate in editorials, imparting a legal perspective on tech news, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • http://twitter.com/derekduncan Derek Duncan

    Aren't the majority of S2 devices running 4.0 now anyway?

    • http://www.androidpolice.com/ David Ruddock

      Yep, I just added this note.

  • buba

    Just edit your build.prop file to stop the phone from updating.

  • http://jordanhotmann.com/ Jordan Hotmann

    Too bad they won't just start shipping stock android.

  • Kam Siu

    when will we start seeing android fighting back?? apple already stole way too many things from android.

    • http://www.toysdiva.com Toys Samurai

      We are eagerly awaiting the notification patent being granted to Google.

      • jbo1018

        You will be waiting about another 2-3 years.

  • Andy_in_Indy

    D'305 is for the square Icons, so the Droid Charge can be fixed, too.

  • http://www.jaxidian.org/update teh Jax

    Couldn't they simply change the icons from colorful squares with rounded corners to something else (like stock Android icons) to avoid the design patent?

    • Freak4Dell

      I would think so. The design patent is supposedly valid due to it being a combination of a bunch of different things, so it would make sense that changing one or two would make it no longer infringing.

  • http://www.facebook.com/gbdickinson Greg Dickinson

    Lovely. The Galaxy S 4G that I just got last month (hey, I'm cheap) infringes every blasted one of them. Good think I'm running a custom ROM, although I'd like to get ICS and Wi-Fi calling to play nice with one another.

  • mduran1023

    Nearly dropped an F bomb in the office when I saw this.

    How sad is it that it requires a lawsuit with Apple to get them to update to a newer version of Android?

    • http://www.facebook.com/wakeboarder125 Scott Petty

      If this is the case, then can Apple sue Motorola next? My Razr could use an update... :p

  • http://twitter.com/2LadyDi Lady Di

    I'm on 2.3.6 the SGSII and I'm clueless as to how this affects my phone. I'm refusing to ICS until...

    • http://twitter.com/michyprima Michele Primavera

      what you said doesn't make any sense

      • http://twitter.com/2LadyDi Lady Di

        I'm using a Galaxy S 2 or II and I have OS 2.3.6. and I am clueless as to how this information posted in the original article affects my phone. I am refusing to up to update to Ice Cream Sandwich (and Jelly Bean) until I can figure it all out. Capeesh?

        I'm not sure why anybody rated down my post. I'm not that relevant in here. WOW

  • moelsen8

    how do you remove a feature such as double tap to zoom, or pinch to zoom? serious question.. do you go back to the +/- buttons or something?

  • jkensing

    Why not just wipe away manufactured overlay's (i.e. touchwiz, etc...) and just go with the pure google OS? Wouldn't that be easier than trying to remove options that infringe on apple and take the pressure off the manufacturers? Obviously, these manufacture overlay's have to be tested before rolled out. If there are any bugs, you'll have a lot of people upset with their handsets. I'm not a programmer maybe it's an easy fix. From my understanding, part of the problem with rolling out new google OS's is the manufactures overlays. I don't think anyone would be upset with a stock google OS? Am I off base?

    • JBDragon

      Then your phone pretty much just looks like any other Android phone! Samsung making their phones look like a iphone inside and out is what's given them a huge Advantage over everyone else! Sure now they're going their own way, but HTC, LG, Sony, Motorola and others are doing poorly. Can they recover? TouchWiz and others is a way to stand out from the crowd and I don't really see that changing anytime soon. Why buy Samsung if it just looks like a LG or Motorola?

      • fish1552

        Motorola is doing poorly because of poor business decisions, not poor designs. READ:bootloader promise

        • JBDragon

          Most people don't give a crap about a locked bootloader! That also doesn't explain pretty much every other Android phone maker! LG, Sony, HTC, etc all doing poorly with Android! Really the only company doing great with Android is Samsung. With Google making money off of it along with MS. Everyone else?!?!

          • fish1552

            Most people? Why not go look at the petition pages with all the names asking for them to keep a promise? A LOT more than you might think.

            But BOTH of you missed my point. It was NOT about bootloaders, it was about BAD BUSINESS DECISIONS (I even stated that in my comment!!). The bootloader promise was ONE SMALL PART OF THAT. Read any one of a dozen tech blogs discussing Motorola and you are bound to see something written about one of their missteps since the OG Droid came out.
            Throw in the fact that while the OG Droid was a game changer, coming out with the same phone 4 times over, 2 Droid Xs, and basically re-doing the same phone in 4 different models with the RAZR all within 6 months of each other is STUPID. RAZR, RAZR MAXX, RAZR HD, RAZR M. What's next? A RAZR DROID X MAXX HD? In white? Followed 2 months later by the same thing in blue, then red, then green.

            @Freak4Dell: I do have to disagree with the marketing thing in one aspect. Motorola HAS flooded the market with advertising for their RAZRs - but as you said, ONLY on Verizon. So exclusivity would be yet another of their poor business decisions.

        • Freak4Dell

          The average consumer doesn't care about a bootloader, and most wouldn't even know what that is. Motorola's problem has nothing to do with bootloaders. I think a small part of it is Blur, but I also think that their tight partnership with Verizon had something to do with it. They kind of neglected all the other carriers for a long time. A lot of people are actually pretty happy with their Droid phones, but for a huge amount of people, a Motorola phone wasn't even an option with their carrier. That's getting better now, but still not where it should be.

          As for the others, I don't really think design played a huge role. It might have, for really dumb consumers, but to this day, I haven't personally met anyone who bought a Samsung thinking it was an iPhone. I'd say Samsung's success has more to do with their flood of products and their heavy advertising. I see many more commercials on TV for Samsung phones than I do for HTC, Motorola, Sony, LG, etc. Next to Apple's offerings, Samsung's are probably the most widely known. They're outright the most widely available.

  • chris125

    Stock android would solve 99% of samsungs problems

  • carlos

    how the hell can company own tap to zoom?? its like ford suing toyota or honda for having a round steering wheel or a gas peddle. samsungs to blame 50/50 but for apple to get patents on required technology so phones operate with ease

  • carlos

    thats like ford suing all auto companies for having similar parts. certain technology is required for phones to easier to use and not make too complicated