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Galaxy Nexus designed to bypass Apple patents: Samsung mobile chief

The Galaxy Nexus smartphone, the first handset built using a new version of the Android system called “ice cream sandwich,” is designed to bypass potential legal attacks from Apple Inc., the mobile chief of Samsung Electronics Co. said.

Yonhap News Agency Lee Youkyung

Context & Ripple Effects

The Galaxy Nexus caps a run that began in June 2011, when reports surfaced that Google had picked Samsung to build its first Ice Cream Sandwich handset. What was pitched then as a hardware partnership now has a defensive rationale: Samsung's mobile chief says the design deliberately steers around Apple's patent portfolio.

The statement lands mid-escalation. Samsung has suffered court setbacks against Apple and responded by moving to ban iPhone 4S sales in Japan and Australia, while separately drawing criticism for promoting its Galaxy Player 50 with an old iPhone Maps screenshot. Framing the flagship as 'designed to bypass' Apple's patents turns product engineering itself into a litigation tactic.

First-order effects

  • Samsung gets a flagship it can argue is clean of Apple's asserted patents, strengthening its position in the ongoing injunction fights across multiple jurisdictions.
  • Google gains a reference device for Ice Cream Sandwich whose feature set doubles as evidence of Android's independence from Apple's intellectual property claims.

Second-order effects

  • Apple must now litigate against designs built specifically to avoid its patents, raising the cost of each new claim and pushing the dispute toward broader, more abstract software patents.
  • Other Android licensees gain a template: if Samsung's design-around holds up in court, HTC, Motorola and others can point to it when defending their own handsets.

Third-order effects

  • If design-arounds become a standard defense, smartphone R&D splits effort between features and patent avoidance, and the value of broad software patents erodes into a game of incremental redesign rather than outright exclusion.

The trend: Smartphone makers are shifting from fighting patent suits after launch to engineering products around rivals' portfolios before launch, making IP avoidance a core design requirement.