Owners of banned GN entitled to free exchange to Galaxy S III

[centerwaters]

(please don't shoot the messenger boy... thank you for your cooperation! : )

There is talk of a possible class action suit against the following parties:

Google, Inc.
Samsung Electroincs America(USA)
Cellco Partnership (dba Verizon Wireless).

The suit will allege that the above-mentioned entities knowingly sold
Samsung Galaxy Nexus smartphones to consumers, between 12/2011
and 06/2012, which contain features that infringed on a third party
company.(Apple, Inc)

The plaintiffs are seeking refunds or replacement of the

(1)phones and accessories manufactured by Samsung,

(2) activation charges, monthly voice and data fees charged by Verizon Wireless

(3) purchase price of app purchased from Google Market (Play Store).

(4) attorney's fees and court costs (!)


One of the possible solutions being discussed is a voluntary exchange
program allowing owners to return their Galaxy Nexus smartphones and
receive a comparable replacement, such as the Samsung Galaxy S III.
Owners who choose not to accept the replacement may receive
reimbursement up to, but not exceeding, the actual price paid.

The class action will mostly like be filed in federal courts in Northern
California.

 

[Realist]

link

 

[yodatom10]

The ban will be over next week and Verizon will never hand out free gs3

 

[bdmridgback]

How come Apple isn't named in the case and being sued as well?

Posted from my Sprint White GS3 via Tapatalk

 

[seanlongoria]

How come Apple isn't named in the case and being sued as well?

Posted from my Sprint White GS3 via Tapatalk

From a legal standpoint there's no case against Apple. A judge would likely immediately reject a year complaints against a patent holder exercising their legal rights, even if the patent likely shouldn't have been granted in the first place.

As for the class action against Google and Samsung, I doubt it would do much of anything. First the plaintiffs would have to reasonably prove Google knew about Apple's patents in advance and it'd be hard to make that argument successfully considering that case went to court.

Second, there's no proof of damage to existing GNex holders, especially with an OTA fix in the works.

Third, since when is a GS3 comparable to a GNex?

Sent from my DROID RAZR using Android Central Forums

 

[ShinyTop]

I cannot believe this post is serious. What harm have Nexus owners suffered?

1. How would you prove that Samsung knew the courts would back Apple?

2. Even if you prove 1, what harm have you suffered?

I love my two Gnex and would not swap for SIII if allowed. Oh, I have buyer's remorse, let me initiate a suit so in 3 or 4 years I can get an SIII. Really?

 

[dmmarck]

From a legal standpoint there's no case against Apple. A judge would likely immediately reject a year complaints against a patent holder exercising their legal rights, even if the patent likely shouldn't have been granted in the first place.

As for the class action against Google and Samsung, I doubt it would do much of anything. First the plaintiffs would have to reasonably prove Google knew about Apple's patents in advance and it'd be hard to make that argument successfully considering that case went to court.

Second, there's no proof of damage to existing GNex holders, especially with an OTA fix in the works.

Third, since when is a GS3 comparable to a GNex?

Sent from my DROID RAZR using Android Central Forums

Before they get to that the plaintiffs would have to show standing, and there simply isn't any here (at least IMO).

 

[DenverRalphy]

First you'd have to wait until the trial to between Samsung and Apple to be over, with Samsung being found guilty. So that'll be sometime in 2014.

Second, you'd have to prove damages to yourself. Since if you already own the device, and are not affected, there's nothing to complain about.

Sent from my Galaxy Nexus using Tapatalk 2

 

[yodatom10]

All in all its a stupid lawsuit that won't get anywhere if somehow it makes it to court.

 

[ShinyTop]

Ya, let's show Apple, Samsung, et al what we think of stupid lawsuits by filing one of our own. We'll show them!

 

[metz65]

Sounds like a buyers remorse lawsuit. The S3 is newer and I want it.

I don't care what kind of phone you use, that's not how I judge someone's worth or intelligence. Sent using tapatalk 2.

 

[Ry]

Entitlement.

Sent from my DROID BIONIC using Android Central Forums

 

[gabbott]

I don't even understand the OPs point for needing the items stated. Even if sales are banned of the phone, the phone itself doesn't cease to function in any way.

The device hasn't even been found to be infringing on a patent until the court proceedings are concluded. The injunction is preliminary.

What exactly are the people that currently have the phone losing out on to warrant a class action suit?!?! This is just silly IMO.

 

[ultravisitor]

It really is pathetic the lengths that people will go to for a free phone.

 

[sirheck]

Everybody wants something for nothing.

 

[centerwaters]

just so I'm clear about this....

if the lawsuit prevails and the class wins....(or a settlement is reached), none of you will
sign up and get free stuff? really?

as with 92% of all class action lawsuits, the biggest winners will be the lawyers. that's
not to say the little guys(consumers) should be entitled to some freebies.

My car is still getting free Mobil 1 synthetic 0w-40 oil changes three times a year
for life of vehicle... because some sleazy lawyer decided to start a class action
suit against Mercedes back in 1998. Should I object to this? Don't really know...

 

[gabbott]

just so I'm clear about this....

if the lawsuit prevails and the class wins....(or a settlement is reached), none of you will
sign up and get free stuff? really?

as with 92% of all class action lawsuits, the biggest winners will be the lawyers. that's
not to say the little guys(consumers) should be entitled to some freebies.

If a lawsuit like this was to win then I'd say it's much more than the Patent system that needs major reform.

Why would anyone be entitled to anything in this case?! A lot of class action lawsuits are silly in my opinion, but in this case, I don't understand in any way how the consumer that purchased one of these phones has been wronged. I can't even spin it in a way that makes it a case.

 

[gabbott]

and besides, looks like the ban has been temporarily lifted, the patent case is changing by the moment:

9th Circuit Court Denies Stay Of Galaxy Tab 10.1 Ban, Temporarily Lifts Galaxy Nexus Ban Awaiting Apple Response

 

[centerwaters]

If a lawsuit like this was to win then I'd say it's much more than the Patent system that needs major reform.

Why would anyone be entitled to anything in this case?!

my co-worker said it would be like paying $$$ for a LV handbag
and finding out that it was a copy that infringed on LV's patents.
by continuing to carry the copycat bag, she will suffer from utter
humiliation from her girlfriend. Guess this can only happen to a
woman? I don't know a $10 hand bag from a $5200 handbag even
if my life depended on it.

 

[dmmarck]

my co-worker said it would be like paying $$$ for a LV handbag
and finding out that it was a copy that infringed on LV's patents.
by continuing to carry the copycat bag, she will suffer from utter
humiliation from her girlfriend. Guess this can only happen to a
woman? I don't know a $10 hand bag from a $5200 handbag even
if my life depended on it.

I don't believe that analogy is apt. The Galaxy Nexus is not nor is claimed to be a straight ripoff of the iPhone. There are a few things that Apple has claimed infringes their patents, but that does not necessarily mean that the GN is an iPhone ripoff.