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Apple denied Samsung Galaxy sales ban in Dutch court

By | January 24, 2012, 4:29am PST

Summary: Apple’s appeal to have Samsung’s Galaxy tablets banned in the Netherlands was shot down today. Can the two giants now call it a truce in the region?

Apple today lost its appeal to have Samsung’s Galaxy tablets banned in the Netherlands.

The Cupertino-based technology giant sued Samsung at a court in The Hague as part of efforts to impose a sales injunction on Samsung’s Galaxy Tab 10.1 in the region. But the appeals court confirmed the lower court’s ruling and denied Apple’s request again.

Apple and Samsung have been embroiled in acrimonious legal battles for over nine months.

Apple initially brought a suit against Samsung over claims its iPad design patents were infringed by Samsung’s Galaxy tablet. The Korean electronics giant countersued, claiming Apple had infringed its networking patents. Since then, the kerfuffle has continued to spread to over 30 cases in 10 different jurisdictions.

In October last year, Samsung itself lost a bid to have Apple’s products banned in the Netherlands. Since the Dutch courts denied both cases as of today’s ruling, perhaps the Netherlands will be one battleground both Samsung and Apple can call it a draw?

Image credit: CNET/CBS News.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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Irrational?
michaellashinsky@... 31st Jan
@vanax

He is voting with his wallet. That is the most rational thing a consumer can do.
I would call it Samsung win.
@kirovs@... Meaning that the court found against them but decided that a ban was unnecessary as long as they made corrections .... and they did.
0 Votes
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otherwise the FOSS revolution will eradicate iCrap completely.
@The Linux Geek,
I appreciate that you are a Linux Geek. However, your self-identification does not necessarily allow you to conclude that Apple makes "iCrap" devices. Your cause to eradicate Apple products sounds irrational.
@vanax
Apple is being sued for anti competitive violations in US : http://techrights.org/2012/01/24/patent-assault-heats-up/
Only its legal goons stay in between people and FOSS innovations.
0 Votes
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What innovation?
wackoae 24th Jan
@The Linux Geek Name one single thing that Android has created that is not a copy of other's work or ideas.
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@The Linux Geek I'd love to see FOSS try.
Looks like he's been proven wrong.
@Natanael_L
Yeah there was a lot of that, ZDNet articles tend to incite flame wars, makes for fun comments
@Queuecumber ... Agreed. And what exactly is the point of an article that tells us what we already know and doesn't bother to mention the grounds on which both cases were denied ... WHY did the judges in the Netherlands reject both cases. No, that might be useful to know, so we won't bother mentioning that. Argh. Really ZDNet ... the endless pursuit of click stats is pathetic. Try writing articles that attract readers not only with snappy headlines but also with useful content. Wouldn't that be swell?
0 Votes
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Congrats to Samsung for beating the bully
toddybottom_z Updated - 24th Jan
Now you are free to lose in the way you are supposed to lose: in the marketplace.

This proves yet again that Samsung did not slavishly copy Apple.
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@toddybottom_z This is a sick market. we all lose.
@Pete "athynz" Athens
+1,000,000
0 Votes
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This needs to spread
rhonin 24th Jan
to all the other current litigative markets these two are embroiled in....
Apple has lost a highly disproportional number of cases of intellectual property infringement filed against alleged infringers even though it has an army of lawyers, most of whom are thought to be to top in their field, and a stockpile of patents to protect its intellectual properties.

Are patents not real patents in the way the USPO grants them? Are Apple's lawyers not top notch? Are the losses the result of institutionalized anti-Apple bias?

It seems to me that Apple's Tim Cook needs to examine Apple's legal department for agent subversives.
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Apple should realise that trying to stifle competition with "design patents" will backfire on them.

This kind of attempt to monopolise a market would be laughed out of court in any other area of production.

Apple listen up, Android phones are capable and popular. Are you saying that the reason I should buy an Apple device is that you have stopped me being able choose an alternative ?

Do you really think the world is going to accept that ?

I used to not care about Apple either way but now detest them.

No Apple device will ever cross my threshold.
@Chipesh,
Your response sounds irrational, maybe immature.
@vanax
And your belief that the cases are lost because of "institutionalized anti-Apple bias?" and the imagined "enemy within" exudes intellectual maturity and rationality, you think?
@vanax I'm with Chipesh, I'm tired of Apples tactics.. they are bully boy tacktics.. they have good products.. let them sell on merit rather than stomping all over the place trying to kill the competition.. I won't touch Apple Products now either.
@vanax I believe that with the amount of lobbying and control exerted over government by companies, our last true democratic vote is with the dollars we spend (supporting or not supporting the companies that influence/control our governments). So making a personal decision not to support a company that has business practices you don't agree with is a legitimate and good way to have a say in what the world will be like in the future. I've made the same decision not to buy any Apple products until it stops fighting the free market with silly patent claims, and stops its "lock-in" policies for content (music, movies, books).
@vanax
Your comment speaks of inexperience with the realities of this situation. I never thought the day would come when I'd say a bad word against Apple, but yes, their tyrannical tactics are starting to grate on me. I work for an all-Mac company and have a MacBook Pro and a 27" iMac at home. But in the last 3 months I gave away my iPad 2 & bought a Samsung Galaxy Tab 7.0 Plus and also switched to a Samsung Galaxy S2 phone. For me it's not a matter of Android vs. iOS; they're both good IMO and both serve the needs of millions of people. But the iPad is just too big for my small arthritic hands, resulting in its spending way too much time on the shelf for an $800 device. The Galaxy Tab 7.0 Plus handles quickly & efficiently what I need in a tablet -- for work and play -- and I don't like the idea of Apple trying to block my choices in a situation where they can't offer something comparable. Same goes for the phone -- mine works flawlessly and on a bright 4.5" screen. The iPhone is clearly a very fine device; but I want to choose what works for me and I don't appreciate Apple's ongoing battle to back people into a corner, especially in such a churlish way.
0 Votes
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Irrational?
michaellashinsky@... 31st Jan
@vanax

He is voting with his wallet. That is the most rational thing a consumer can do.

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