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Netherlands judge agrees with Apple, bans the sale of Samsung Galaxy S, S II in the EU over patent infringement
Big news coming out of the patent infringement case between Apple and Samsung. Apple claimed that Samsung copied their “technology, user interface and innovative style” on some handsets, namely the Galaxy S and Galaxy Tab devices and asked the court for Samsung to immediately stop selling their devices.
Samsung not only retaliated with a lawsuit of their own against Apple but declared they will “respond strongly… through appropriate legal measures to protect our intellectual property”. Today in the Netherlands the court has honoured Apple’s request and has issued today and EU-wide preliminary injunction against the Galaxy lineup, but not the Galaxy Tab.
According to FOSS Patents this is impacting one European software patent (EP 2059868) and will take effect mid-October. FOSS also states that “In legal terms, the order does not bind Samsung’s Korean parent company — only three different Samsung subsidiaries registered in the Netherlands — with respect to other countries than the Netherlands. However, it is my understanding that Samsung’s European logistics use the Netherlands as the primary hub. If Samsung’s Korean parent company wants to exercise its freedom to ship into other European countries despite this injunction, it will have to reorganize its logistics chain in Europe accordingly.”
No word on what this news means for the devices they announced this morning. Meanwhile in Canada, the Galaxy S II is still up for sale, plus we’re anticipating the upcoming release of the TELUS Samsung Galaxy S II Hercules.
Source: 9to5Mac
Via: FOSS and Engadget
Discussion
34 comments for “Netherlands judge agrees with Apple, bans the sale of Samsung Galaxy S, S II in the EU over patent infringement”
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So does that mean that Microsoft can sue Apple based on the computer icons? Windows had the small and large option before Apple. The fact the courts allow such shady business (these frivolous lawsuits) just goes to show you how screwed up this world has become. We have smokers suing tobacco companies, we have criminals getting hurt on a B & E and they sue the home owner, we have Apple suing over icons and layout of icons?? WTF! I hope some North American judge sees the forest for the trees and bans the sale of Apple’s iCrap over here.
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@ Ken
I forget where i read this but this is how i understand it
Apple and Microsoft have a cross platform patent/licensing deal (goes back the desktop OS days) because they both have patents the other side needs therefore they more or less play nice on things like this.
on the other side of the coin Google and it’s Android partners have no patents Apple and Microsoft are interested in so you either go the Apple route and block sales or the Microsoft route and “tax” manufacturers (HTC’s android tax)
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7 
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I never said it was right, it’s just how the current system works.
I do agree, things need to change. Patents on basic software ideas like the layout of a user interface should be not allowed.
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Your an i***t, apple won based off one patent. This article is wrong, the court ruled the galaxy line does not resemble the iphone line. The patent they lost on was gesture based gallery controls
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Sorry to burst your bubble, but this article is false. The claim was all but thrown out. Sammy has to change the gallery, that’s it. Apples claims are holding about the same amount of water as a sieve.
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Didn’t the judge get the memo?
http://www.pcworld.com/article/238488/apple_again_cites_inaccurate_evidence_in_samsung_patent_case.html
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11 
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Apple. Stifling innovation and competition to the extreme since 2007.
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42 
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Just another reason to despise Apple.
Patents are meant to provide the little guys, yet Apple is the 2nd largest company in the universe (after Exxon, which will soon be # 2 after Apple). Can you imagine what would happen if Ford or GM filing lawsuits against smaller car companies for putting out vehicles with wheels, headlights and windshield wipers?
F U Apple.
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75 
7
This is all apple is known for these days – lawsuits
stupid fucks
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62 
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I guess the judge doesn’t think manipulating evidence is something that should raise an alarm. It’s ok though, doesn’t matter what Apple will do, Android is growing at an incredible rate, they can’t stop it
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62
if apple wants to kill off samsung
then why the F apple still buys parts from samsung?
apple, the GOD as you call it, should be innovative and manufacture their own parts in their home state
and not contract their production to other nations
THEN i will have some respect for them but now
they are just delivering cheap cheap shots without any shame
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bet that the judge was vlad
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Pfft, d*****s. Don’t compare an iphone to my SGS2. The difference is why I own it.
Samsung needs real lawyers.
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32
Like this post if you sit at work at a cubicle desk, surf the web, post on this site, and refuse to do work.
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haha ya ok apple thanks for inventing a all touch screen phone u guys are genius…..lol right what a bunch of crap just bc they know the galaxy lineup is in fact better then the iphone and anyone that has truly had both of these devices there really is no comparison
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Wouldn’t it be awfully ironic if all of Samsung’s factories that produce most of the parts for Apple’s products were to be hit by a mysterious and catastropic close down due to a glitch in the manufacturing programming? And let’s just say the problem can’t be solved for at least 6 months but all the while Samsung’s own product continues to be manufactured? How strange would that be???
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Hope that Google with hit hard on Apple when iOS5 will be out for stealing the slide-down notifications, the pattern unlock and wish we can sue a company for faggotery because Apple would be bankrupted if we could do that.
“Start competing and stop suing” – HTC CEO to Steve Fags.
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23 
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who knew that apple invented icons in grid format…
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Did they? http://pdadb.net/index.php?m=specs&id=1153&c=palm_m100
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It’s official. We finally have an “iPhone killer.” Apple realises that they cannot come up with a product good enough to compete with the Galaxy line of phones, so they try to prevent them from being sold.
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I didn’t know Vlad was a judge in the Netherlands :s
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Apple claimed at least 3 things:
-Samsung copied the design of iProducts
-The slide to unlock infringe one of their patents
-The picture gallery application infringe one of their patents
The judge ruled that Apple was wrong on the first two, but right on the third one.
Samsung can comply easily by removing the picture gallery application.
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10 
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Better gets yours quick before the Evil Empire puts a ban on them here.
On the hand, you will always be able to buy an unlocked version in Hong Kong via eBay!
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The judge was an apple fan boy.
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nah, you can’t say that
but you can say that the judge got some sponsors for iproducts free for life >.> by some company =]
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If i were Samsung I would attack the patent. Its a thin rounded corner square with a speaker and microphone to fit the human head features.
Even thought the layout is similar, It’s easy to distinguish both devices, The main button is not round, there is a back and a menu button. The speaker is higher and wider then the the info in the patent.
The ratio is different there is more screen place in the SGS
there is also a lot of other distinctions.
So if one wanted to do a smartphone should one must reinvent the smartphone ? The goal of a patent is not to reinvent the wheel everytime even thought the guy who invented the wheel copied on the guy who invented the circle !!!
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So just the Gallery app is in violation of a patent, as reported elsewhere. Easy to fix, Google will just modify the way it scrolls.
This is actually a win for Samsung and Android.
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Well the Ipad looks and feels like a Archos tablet that came out years prior. Hmm…..Should they not stop Apple from selling these things? Decisions, Decisions, Decisions. There is usally a lot of politics and influence involved. Looks like Apple is trying to sleep with the big guys. Face it they know their Iphone 5 has been delayed all the while Samsung’s Galaxy S2 is kicking a*s making money. Apple doesn’t like that.
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This article is wrong. All samsung needs to do is a minor change as few have mentioned in above comments. Easily doable. The judge has dismissed the fact that Sammy phone resembles iCRAP design.
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Yep GV is right, the article is wrong.
Samsung is not banned, Apples claims have been denied, they’ve been told their patents don’t hold water due to minimalist design. ie. You can’t patent a blank canvas.
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@Kenypowa
Apple is not even close to being the second largest company in the universe.
http://en.wikipedia.org/wiki/List_of_companies_by_revenue
According to wikipedia they are number 110 for revenue.
Guess where Samsung is. Number 22.
Apple made $65 billion and Samsung made $135 billion.
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