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,
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.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.
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