Netherlands: Samsung in violation of Apple patents - UPDATED

Netherlands: Samsung in violation of Apple patents - UPDATED

Summary: Judge bans trading of Samsung smartphones Galaxy S, S II and Ace.

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TOPICS: Apple, Legal, Samsung
32

A judge at The Hague in the Netherlands has issued a ruling which states that Samsung is in violation of Apple patents.

Three Samsung smartphone handsets are affected:

  • Galaxy S
  • Galaxy S II
  • Ace

These handsets violate Apple patent EP 2,058,868. An EU wide ban has been placed on the trading of these handsets and will remain in place until October 13.

Also part of the ruling is the judgement that Samsung's Galaxy Tab 10.1 and 10.1v also violate Apple patents, but at present it is unclear whether these have been banned.

Full verdict will be published later today.

[UPDATE 2: Here's the upshot now the ruling has been published via Jan Wilderboer:

- Samsung can continue to sell current Galaxy phones and must provide a trivial change to the picture gallery in the next 7 weeks. - Samsung can continue to sell the Galaxy Tab. - Apple has LOST all design and copyright related claims. - Apple has LOST the infringement claim on one patent and the court deemed a third patent broken anyway.]

[UPDATE: An important point made on FOSS Patents blog:

'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.'

Official order here.]

Topics: Apple, Legal, Samsung

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32 comments
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  • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

    I think Samsung will either fork Android and go away from OHC or will their Android line with Bada or Windows Phone 7 in pretty near future. Two reasons Google's MMI and these lawsuits and paying $5 to $15 on royalties to Microsoft and others. There is no free lunch after all.
    Ram U
    • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

      This ruling in the Netherlands includes design patents in addition to utility patents. Moving to Android or Windows Phone will not make the Samsung phones look any less like "slavish copies" of the iPhone. Samsung needs to hire an industrial designer and make something that doesn't look so much like an iPhone that judges in three countries ban it for being a design knockoff.
      Robert Hahn
      • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

        @Robert Hahn I'll offer James Randi's million dollar prize to anyone who can tell any phone from another at 3 feet distance.
        jgm@...
    • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

      @Rama.NET
      You anti-Android trolls are so boring. This has nothing to do with Android and everything to do with Samsung. They could have used any operating system and had they added the things to it that they added to Android they would have triggered Apple's ire. Google buying Motorola Mobility will only bolster OEM's confidence in Android and Google's determination to defend it from the patent bullies. As far as paying MS royalties, if they need to license legitimate IP then they pay. Nothing would change that if they used something else. Duh.
      Nathan A Smith
    • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

      @Rama.NET
      Won't stand on appeal.
      The Linux Geek
    • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

      @Nathan A Smith The ban has to do with how someone swipes pictures to go from one to the other. An Android feature. Most other claims were rejected. It has nothing to do with the phone
      themarty
      • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

        @themarty Umm, no, Samsung heavily modifies Android and leaves it looking vaguely familiar to the underlying OS. Naked Android has never been accused of infringing on Apple's designs and likely will not anytime soon.
        slickjim
      • Sorry Peter but on this one you are wrong

        From my understanding, the photo swiping patent (the only one that was upheld) is part of Android 2.3. It is not part of Android 3.0 which is why the Galaxy Tablet can be sold in the EU.<br><br>All other Apple patent claims against Android were denied. Apple even lost its patent on swiping a touchscreen to unlock the device.

        Samsung has stated that they are confident the one patent that was upheld is trivial to work around.
        toddybottom
      • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

        @Peter Perry for once i actually agree with you. Apple is not going after Android, but the skins the OEMs are putting on Android, possibly in an effort to confuse the consumer into buying and Android device thinking it look similar to an iOS device.
        Rick_Kl
  • Thank goodness for Adobe Photoshop

    Yeah right, as if any intelligent person or blogger really believed that those images were the only evidence submitted in this case.
    kenosha77a
    • I believe Apple lost on all the look and feel patents

      @kenosha7777
      If I'm not mistaken, the only patent that Apple won on was swiping pictures in a photo gallery. Apple lost every single other patent claim, including all the look and feel claims.

      I'm still trying to get confirmation on that so my apologies if I'm wrong.
      toddybottom
  • Yawn. It aint over yet Folks.

    This is funny:

    h-t-t-p://www.theregister.co.uk/2011/08/23/samsung_battles_apple_with_kubrick/
    Dietrich T. Schmitz *Your
  • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

    That's why we can't have nice things, only Apple things.
    Samic
  • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

    shame on Apple
    AdnanPirota
    • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

      For protecting their IP!
      dave95.
      • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

        @dave95. News flash: Apple didn't actually invent scrolling.
        spark555
      • Don't you mean the IP the judge felt they DIDN'T own!? (nt)

        @dave95.
        Scrat
  • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

    Apple has patent on beautiful things. You make something beautiful - you violate patent.
    paul2011
  • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

    The ruling is basically agaist the pirate ship google and its android speed boat.

    One boat down.

    Now that many nations (read MS, Apple,etc,etc) has deployed their warships in international waters, its a matter of time that the mothership is sunk.
    owlnet
    • RE: Netherlands: Samsung in violation of Apple patents, EU wide ban in place

      @owlnet No it isn't and Apple should be careful or they might just unite the skins and then how would you bozos claim fragmentation.

      Again, Android is not guilty of violating these patents and if Sanding removed their Touchwiz, Apple would probably be hard pressed to show any evidence that the software on a Samsung phone violated any Patents.

      You guys that don't have a clue what real Android looks like kill me because you are just talking out your arse!
      slickjim