Here's what Apple's takedown notice to Galaxy Nexus retailers looks like

Here's what Apple's takedown notice to Galaxy Nexus retailers looks like

Following Samsung's claim that Apple had been sending out letters to retailers demanding they stop selling Galaxy Nexus handsets and Galaxy Tab 10.1 tablets in compliance with court injunctions, iMore was sent a copy of one such letter. The retailer who sent it told us they'd received several similar letters, both electronically and physically. The 2-page letter reads:

Re: Apple Inc. v. Samsung Electronics Co., Ltd., et al., United States District Court, Northern District of California, Case No. C-11-01846 (LHK)

[Name redacted]

We represent Apple Inc. in the above-referenced action.

We enclose a copy of the June 26 preliminary injunction ordered entered by the U.S. District Court for the Northern District of California in this case together with a copy of Apple's U.S. Patent No. 8,086,604 (the '604 patent'). With the posting of the requisite bond, the order is now in effect.

The order provides as follows:

For the foregoing reasons, Apple's motion for a perliminary injuction is GRANTED. Accordingly, Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and Samsung Telecommunications America, LLC; its officers, partners, agents, servants, emplotyees, attornyes, subsidiaries, and those acting in concert with any of them, are enjoined for making, using, offering to sell, or selling within the Unite States, or importing into the United States, Samsung's Glaxy Nexus and any product that is no more than colorably different from the specified product that infringes on U.S. Patent No. 8,086,604.

(emphasis added).

As the italicized language provides, the order applies not only to the named Samsung entities, but also to anyone "acting in concert" with them. Apple thus believes that the order extends to you because you may be selling, offering to sell, or importing Samsung's Galaxy Nexus.

Please comply with the order by ceasing immediately to engage in any of the specified acts (e.g., importing, offering to sell, or selling within the United States) in connection with the Samsung Galaxy Nexus and any product that is no more than colorably different from it and embodies the '604 patent's design. At a minimum, Apple believes compliance with the Court's order requires immediately removing for sale the Galaxy Nexus from all physical and online venues under your direction or control.

Please contact the undersigned if you have questions.

The letter was accompanied by almost 100 pages containing the Unites States District Court ruling referenced in the letter.

Clearly, Apple believes that when and if they're granted injunctions with this specific language, they can and will go after retailers selling the enjoined product(s). Given the long, multinational history of skirmishes between Apple and Samsung, it's also clearly far from over.

It's our understanding large retailers like Best Buy and Walmart had been in the process of complying with the order, Apple demand letters notwithstanding. Others may not have been so inclined.

For more, see our initial report on the story and Alex Dobie's coverage on our Mobile Nations sibling site, Android Central.

Here's what Apple's takedown notice to Galaxy Nexus retailers looks like

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, Review, Vector, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

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Reader comments

Here's what Apple's takedown notice to Galaxy Nexus retailers looks like

35 Comments

This screams of fear. They are pushing way to hard here after winning a preliminary injunction on a weak patent.

Posner is right...something has to change.

@Lloyd......your name is what I call, a "giveaway" in regards to your point of view.

And if you really think this is the beginning of Apple's fall, I have a C note that says no!

Come on dude......don't let your favoritism get in the way of reality. You are smarter than that. Aren't you?

And that "new" Samsung store......I am sure inspired by the geniuses at Samsung.

Give me a F^*~iNG break.....and they wear blue shirts because their logo is blue.

If you believe this you are more of a retard than I thought you were. Or should I say, re-tard!

This is kinda ridiculous if you ask me. Why go to this great of a length to make sure that retailers are complying with this order? The Galaxy Tab 10.1 is an obsolete product and the Galaxy Nexus had the ban lifted temporarily, Tim Cook took the words of Steve Jobs to seriously, they need to be more forcused on the own products and winning over the public that way instead of being seen as the "Big Bully" of the group. The more this crap goes on people are going to start looking to the competitions to see what the fuss is all about and in that case leave cause they believe the competitor product is better.

The letter is dated July 3rd, before any lifting. What Apple legal does doesn't take away from focus in other areas. It's a separate department. It's not like engineers and designers stop working to send out these letters.
The letter itself is fairly polite. It merely says Apple believes the order applies to them. It contains no threats. It asks them to please comply. It would be silly for them to get an injunction and then not bother sending out that letter.
It's pretty darn obvious that Samsung's products are to some degree inspired by Apple's. Maybe that's ok and maybe it's not, but Apple is of course going to try to prevent Samsung from overstepping that line. Any company would do the same.
The mobile computing industry is still in its youth and there's a land rush. And every time that happens there are huge court battles. It happened with the railroads. It happened with electricity. It happened with the telephone and automobiles and oil and more. That's just the way it is.

I agree, this just looks bad and the funds spent on lawyers should be spent on improving products.

I'm all apple'd out (macbook, iphone, ipad), and if apple doesnt continue to innovate - eg improved functionality/features of future products (eg Iphone 5, mountain lion, ios 6) , I'll be making the switch back to windows/android.

You do realize how many billions Apple has in the bank, right? $100 billion.

The whole "Apple is dying" BS again.

After all, I`m wondering, when Apple going to sue NEONODE, for the Slide to unlock the home screen? I bet you Steve Job had it in his office since 1980`! As Android been stolen ideas.

Until Samsung stops blatantly and shamelessly ripping off Apple's designs, Apple is going to go after them with everything they've got. After winning a preliminary injunction, the next logical step is to inforce it, not to say "aw, we were just kidding around."

the only way this is going to change if is Apple sees it in their pocketbook! I am an fandroid to my core... HOWEVER, apple or google fans should ALL agree this is getting out of hand! I will never own an apple product again for a lot of reasons, but this is number one. And the only way Apple is going to get the message is if people stop buying their products! I think we all need to take the #boycotapple movement serious and show them that NO ONE appreciates this behavior and it will not be tolerated!!

You may as well boycott Google and their new puppet Motorola for trying to get an injunction to remove the XBox 360 from stores.

Yeah, that stuff is crazy. It is all an eye for an eye. MSFT attacks and they hit back.

Sad legal state of tech right now.

I hope all of the iOS users are enjoying the Android pull down notification panel, which to me seems to be a far more blatent copy/theft. I don't know why apple is acting like their poo doesn't stink.

If someone was using something YOU created, you'd want to be compensated. If you weren't, then you'd demand that that person stop using that thing that you made.

That's what this really boils down to. Apple isn't doing anything wrong. This is business and they don't want anyone else being them.

The point is that it is a BS patent for something that Apple didn't create. Think about the absurdity of computing device not being able to search across an OS and consolidate the results for the user. Shame on the whomever approved this patent and on Apple for waging war with it.