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Apple asks for Samsung's whole Galaxy line to be recalled within 14 days of a Dutch court injunction

Posted: , by Daniel P.

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Apple asks for Samsung's whole Galaxy line to be recalled within 14 days of a Dutch court injunction
Up until now we only considered the Samsung Galaxy Tab 10.1 to be on the sacrificial altar of the patent gods in Europe. The Dutch reporter, who has been supplying us with a steady stream of news from the court room, obtained Apple's subpoena in the Netherlands, and it seems that the fruit company is asking for a total recall of the Galaxy line, both smartphones and tablets, within 14 days of an injunction, or retailers will be considered infringing on Apple's patents.

Moreover, an eventual injunction is also to be valid for Samsung Logistics and Samsung Overseas in the Netherlands - divisions which are crucial for the company, since it has a distribution center in the country. Apple demands that all importing, trading, distribution and sales of the Galaxy line to halt after an injunction similar to the one it obtained in a German court, which, however, resulted in validity only for Germany, whereas if Cupertino succeeds in the Netherlands, the ban might be enforced across Europe for real this time.

Thus an eventual negative for Samsung ruling during the hearing scheduled for September 15, might result in a total pan-European ban for its smartphones and tablets after October 13, when it will be enforced. Not a great start of the holiday shopping season in Europe, although it seems unlikely to happen, given Apple's offense and Samsung's defense.

source: Webwereld (translated)

101 Comments
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posted on 19 Aug 2011, 09:48 5

1. ChiquiKon (Posts: 58; Member since: 26 Jul 2011)


Will SII ever reach America?

posted on 19 Aug 2011, 10:55 4

26. ChiquiKon (Posts: 58; Member since: 26 Jul 2011)


I mean, if they keep banning it on other countries and they win, then they might be thinking on doing the same in America and use other countries decisions as base to get US courts to rule in they're favor too.... so sad :( ...... Already forgetting about SII... moving to Nexus Prime...

posted on 19 Aug 2011, 11:31 1

36. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


well i would blame the carriers... cause I went to Canada a few weeks ago and voila a sgII in the Bell store... if canada can do it idk why the us can't get it...

I must say apple is being brutal... and for below-- uh why wudnt they hate everything competing against them? microsoft and google have clearly shown similar views.. also if you find a single phone selling better than the iPhone has then please do tell..

posted on 19 Aug 2011, 12:12 1

46. ChiquiKon (Posts: 58; Member since: 26 Jul 2011)


I agree with you about the carriers bc here in Puerto Rico there's one carrier, Claro (it used to be Verizon) and they have had the SII for a month now! I'm on Sprint :(

posted on 19 Aug 2011, 09:49 15

2. chocolatebear76 (Posts: 121; Member since: 03 Mar 2011)


what ever! apple

posted on 19 Aug 2011, 15:54 7

72. brant (Posts: 24; Member since: 08 Aug 2011)


I'm sorry but Apple is the biggest a**hole in the tech industry

posted on 22 Aug 2011, 14:13

103. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


thats business for ya-- they are an amazing business-- more money than the government, a huge market cap, unbelievable stocks, and they don't even pay dividends!

posted on 19 Aug 2011, 09:58 18

3. Deluxe (unregistered)


Apple is such a cry baby! They clearly hate anything competing with them.

If the next nexus phone comes out in oct with android ics 4 and hurts iphone 4s (or 5 whichever its called) sales i will rotfl at apple madly.

posted on 19 Aug 2011, 09:59 11

4. corporateJP (Posts: 1557; Member since: 28 Nov 2009)


Bunch of busters over at Apple.

I now compare Apple to the kid in school that had rich parents, but paid everyone to do his homework, because he just couldn't do it on his own.

posted on 19 Aug 2011, 11:43 8

38. AppleFUD (unregistered)


Apple goes into the court and says to the judge, "we want you to ban all of Samsung's products because we've Photoshoped a few of them too look exactly like our products and therefore infringe on our non-existent IP."

Judge replied to apple, "well, you have this nice sketches and I see you've done such a wonderful job with Photoshop to make Samsung's products look like yours so it must be the case that they have infringed on your IP."

Rest of the word say, WTF?!?!?!

posted on 19 Aug 2011, 09:59 11

5. Fayez (unregistered)


@phonearena: Apple has again manipulated the pictures of Samsung Galaxy S. read the detailed story onhttp://www.pcworld.com/article/238488/apple_again_cites_inaccurate_evidence_in_samsung_patent_case.html

posted on 19 Aug 2011, 10:06 11

9. Deluxe (unregistered)


All the more reason to believe that indeed did lie about the galaxy tab and that apple should be paying samsung huge money for damages.

posted on 19 Aug 2011, 10:58 9

27. ChiquiKon (Posts: 58; Member since: 26 Jul 2011)


Can' t believe it!...... That seems desperate :/

posted on 19 Aug 2011, 09:59 9

6. Heatfan316 (unregistered)


Give it up apple, this is never going to happen, your legal team is weak,your a bunch of cowards, only cowards don't embrace competition.

posted on 19 Aug 2011, 10:02 12

7. Moo (unregistered)


iCoward

posted on 19 Aug 2011, 10:04 3

8. som (Posts: 768; Member since: 10 Nov 2009)


Apple is very crazy company is Apple will ing to pay compensation for every Samsung phones being recall and billions dollars compensation on halting and stopping Samsung business in Europe.

posted on 19 Aug 2011, 10:07 3

10. axed97 (Posts: 16; Member since: 19 Aug 2011)


Indeed deluxe Apple has done a low blow in the phone community jobs and his lawyers need to pull there heads out of there a**es and actually make a better product or show that there product is better by having the competition, this will only make ppl not want a Apple product but to buy a unlocked Samsung and activate it with there phone company

posted on 19 Aug 2011, 10:09 5

11. som (Posts: 768; Member since: 10 Nov 2009)


It is time for Samsung to stop supplying any components to Apple now until all Laws suits are drop forever.

posted on 19 Aug 2011, 10:17 2

12. Deluxe (unregistered)


If they could have and afforded to do so i think samsung should have stopped component supply to apple when they first started suing.

posted on 19 Aug 2011, 16:37

74. sgogeta4 (Posts: 392; Member since: 02 Feb 2011)


They have stopped supply for the future iPhone but current phones are probably under a contract that can't be nullified just like that.

posted on 19 Aug 2011, 10:18 7

13. som (Posts: 768; Member since: 10 Nov 2009)


Now I hate Apple more than anything earth. I use to go to the Apple Store and play iPhone and iPads since Laws suits against a lot of company by Apple crap. From now on I am not going to touch any more Apple products.

posted on 19 Aug 2011, 10:24 5

17. ilia1986 (unregistered)


The Party now declares that iPhones are now known as Victory Phones, iPads as Victory pads, iPods as Victory music, White is Victory color, and Apple is now AppSoc. Brought to you by SJ.

Welcome to 1984.

posted on 19 Aug 2011, 10:21 6

14. remixfa (Posts: 13930; Member since: 19 Dec 2008)


i see iphonearena is showing its colors again. pulling a similar trick like apple did in germany with that picture. take a galaxyS, show it by its app page, and compare it to an iphone 3gs and its front page. cant show a galaxyS's home screen against an iphone4 which is what it is competing against, huh?

posted on 19 Aug 2011, 10:52 3

22. SuperAndroidEvo (Posts: 4179; Member since: 15 Apr 2011)


remixfa it's so blatant, that I just don't know what to say. I don't get why PhoneArena.com could show that picture. It gets under my skin, why does iPhoneArena.com do this?

posted on 19 Aug 2011, 10:54 1

25. quakan (Posts: 1195; Member since: 02 Mar 2011)


No, they are showing what apple is showing the judge in order to make it seem like the devices are very similar.

posted on 19 Aug 2011, 11:06

29. dandirk (Posts: 187; Member since: 04 Aug 2011)


remixfa

I think you can compare the 2, the fact that android has 1 navigation tier higher then iOS imo doesn't really matter because both screens perform the same function.

I think PA should have included the link posted by Fayez, proving what you said though that Apple submitted the same "scaled" aka doctored photos that Apple did in Germany.

posted on 19 Aug 2011, 11:12 1

30. remixfa (Posts: 13930; Member since: 19 Dec 2008)


u cant compare them, because they arent competing. the iphone4 competes with the galaxyS, not the iphone 3gs and its 600mhz budget processor.

Since they want to have the galaxy2 banned as well, they should show that compared to an iphone4, for an even bigger difference.

posted on 19 Aug 2011, 14:19

62. dandirk (Posts: 187; Member since: 04 Aug 2011)


Direct competition doesn't matter. Its's an issue of UI design, the fact that one is running on old hardware does NOT come into play.

Now if they are comparing older OS version which is not used anymore... Then legally I am not sure how that would work.

The bottom line is at least for UI, the samsung app drawer looks VERY much like the iOS main screen. They both do the same things, launch apps.

The legal question is what part of the UI is actually valid? the 5x4 config of icons isn't? The icons are but would have to be exact copies. Apple cannot own a "Theme" type icons (3D with edges icons).

Is the action bar at the bottom (with green phone in lower left) a case worth anything?

I don't know not a lawyer, I have always thought UI cases are generally pretty lame.

posted on 19 Aug 2011, 20:36 1

88. remixfa (Posts: 13930; Member since: 19 Dec 2008)


most of the android skins have the phone icon just like that in the lower left. LG's skin is exactly the same, so on and so forth. Now samsung's bottom 4 icons are completely customizable so u could move that icon wherever u want... or take it off. doesnt matter.

A good question would be how long that little "frost line" on the bottom row of icons has been on each OS. I think it appeared on android 2.1 Which iOS version did that pop up on?

posted on 19 Aug 2011, 11:20 1

33. Heatfan316 (unregistered)


And look how they made them the same size in the picture, in real life the galaxy s is a bigger phone, good job PA

posted on 19 Aug 2011, 12:46 1

49. protozeloz (Posts: 5378; Member since: 16 Sep 2010)


actually this is probably a legal picture as it also has being manipulated to make the Galaxy S look more like a 3GS, when the size and shape it bigger

posted on 19 Aug 2011, 18:42

79. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Yea this is sooo biased. It's not fair to show the home screens on both phones which look EXACTLY alike. Let's show some pics that make them look different. Oh wait there aren't any.


How can any objective person look at these two phones and say that they don't look a LOT alike?

posted on 19 Aug 2011, 20:37 3

89. remixfa (Posts: 13930; Member since: 19 Dec 2008)


taco,
that is NOT THE GALAXY'S HOME SCREEN. That is an IPHONE HOME SCREEN and the galaxy's APP DRAWER.

how can u even claim to pretend to know anything about android if u dont even know the difference between the home screen and app drawer???? lol

posted on 20 Aug 2011, 16:07 1

99. Smokn04cobra (Posts: 22; Member since: 20 Feb 2011)


ROFL!! hahahahahahaha

Thank you remixfa...I needed that.

posted on 19 Aug 2011, 10:22 4

15. Dj21o (Posts: 437; Member since: 19 May 2011)


Idk about anyone else, but I will OFFICIALLY NEVER BUY AN APPLE PHONE. This kind of crap ticks me off to the Max. The iOS is an old dinosaur compared to these other phones. Sorry Apple, but you wont make any money when you act like children.

posted on 19 Aug 2011, 10:23

16. dandirk (Posts: 187; Member since: 04 Aug 2011)


ok its just wrong in imo to manipulate scale images differently when comparing 2 products. That said...

If the SG complaint is hardware design based, and IF said claims can legally be effected by actual size, then o-boy Apple could be in some do-do.

I don't know about EU law about this type of case (visual design infringement?) but if the proportions aka size do not matter then this would be just a "mental" trick while low would not have bearing on the case.

If this case is about the UI... Again size probably won't matter too much, more about the elements of the UI. I personally think UI is a more "shady" areas of IP.

I don't care who you are the SG custom UI does look like Apple's at least in the app selection screen. While the 5x4 grid is nothing special, the phone icon and location to me what seals the "look similar" deal.

posted on 19 Aug 2011, 11:03 1

28. dandirk (Posts: 187; Member since: 04 Aug 2011)


I was commenting I guess on the link Fayez above posted.

Apple performed the same image "scaling" trick when submitting the case.

They sized down the SG to match the size of the iphone

posted on 19 Aug 2011, 10:28 2

18. darth8ball (Posts: 519; Member since: 02 Aug 2011)


Apple is like a jealous woman, GS and GS2 slimmer and more attractive than iDiotPhone so sue rather than put out next version slimmer and more attractive than competition.

posted on 19 Aug 2011, 10:40 3

19. FoneAddict (Posts: 206; Member since: 05 Jul 2011)


Apple are the new Microsoft. They cannot stand competition and try to bully competitors into submission. Disgraceful behaviour, Apple are rotten to the core!

posted on 19 Aug 2011, 11:49 1

39. AppleFUD (unregistered)


Have too agree. . . rather sick of Apple & MS and their despicable tactics! I just hope other companies really step up their game and give customers real options that are high quality and user friendly.

posted on 19 Aug 2011, 10:41 3

20. wassup (Posts: 565; Member since: 23 Jun 2011)


Apple, just accept that Android is now doing better than your iOS.
apple- the nerd that hates people beating him in grades.
Android- the person that beats the nerd in grades.

Apple is just skewing evidence to make sure that they win. They deserve to be punished.
iOS IS s**t!

posted on 19 Aug 2011, 10:52

23. darth8ball (Posts: 519; Member since: 02 Aug 2011)


Geee Apple cheating....Nooooo.....You must be mistaken... LMFAO

posted on 19 Aug 2011, 10:52 2

21. CX3NT3_713 (Posts: 1947; Member since: 18 Apr 2011)


Damn?? We might never see the SG2, here in tha US

posted on 19 Aug 2011, 11:20 1

34. ChiquiKon (Posts: 58; Member since: 26 Jul 2011)


That my friend, is what worries me :(

posted on 19 Aug 2011, 10:52 1

24. Mike S (unregistered)


Apple: we are afraid very afraid....

Helps court

posted on 19 Aug 2011, 11:13 2

31. Whateverman (Posts: 3224; Member since: 17 May 2009)


Why does severy picture of a Galaxy S product next to an iDevice always shows the app draw open and not the home screen? That's the only time is looks like an iPhone, but no one walks around showing off their app draw. And why doesn't Samsung smarten up and remove the stupid color blocks from behind the apps. Help yourselves out a little.

posted on 19 Aug 2011, 18:44

80. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Because Samsung is trying to make their phones look more like iPhones not less. Maybe this lawsuit will encourage them to come up with their own design.

posted on 19 Aug 2011, 19:13 1

83. Whateverman (Posts: 3224; Member since: 17 May 2009)


Hit the home button, and it looks nothing like an iPhone. But since Apple thinks they own grids now, all I'm saying is don't make it look like a grid.

posted on 19 Aug 2011, 11:16 1

32. Immolate (Posts: 288; Member since: 17 Jun 2011)


I'm no expert on EU law (is there such a thing?) but I assume they have rules against submitting fraudulent information into evidence?

I would also assume that demonstrating that Android's dusty sock drawer, aka the "app drawer", which is a boring, unimaginative grid, looks exactly like the iOS main interface would be too embarrassing to admit. But I'd be wrong there too. I guess admitting that your product has all of the aesthetic appeal of an egg carton is a small thing if you can use that information to dupe a judge into banning your competition out of existence.

But... dirty pool is a game anyone can learn to play, and few kids in the lunchroom stay clean in a food fight.

posted on 19 Aug 2011, 11:51

41. darth8ball (Posts: 519; Member since: 02 Aug 2011)


I know in all European countries even the Police cannot lie to you during questioning like they can in the US(only "democratic" country it's legal) so I can't imagine entering false or improper evidence can't be ok.

posted on 19 Aug 2011, 11:53

42. AppleFUD (unregistered)


The app drawer in Android does NOT look like iOS. It looks like PALM. . . you remember. . . that company HP purchased and just killed. They had these devices that people used way back. . . for many many years that had a grid of icons that you scrolled down through ;)

posted on 19 Aug 2011, 11:29 2

35. GALAXY-S (Posts: 701; Member since: 07 Jun 2011)


this is a bunch of bull crap.. this just shows how apple is scared to compete with the galaxy line.. apple should come up with better and inovative technology.. suing the ss**t out of competition is not the way to do it.. if it were for android apple would prob be stuck on ios 3.0 !!

posted on 19 Aug 2011, 11:35 1

37. gallitoking (Posts: 4690; Member since: 17 May 2011)


thats exactly why i meant about fandroids, if is about Android dominatong Earth, great job PA awsome!!!..... ohhh but god forbit they mention anything about Apple and all of you pansies get up in arms, dimissing PA....get a dose of reality you guys are techies, far from lawyers, or anything, for that you have to do many years of school so, sit down shut and let time take its course, dont like Apple, fine stick to android and shut up. whinners.... and watch how the pros do it.... I have a candy bar for those who need their sugar levels back to normal

posted on 19 Aug 2011, 11:50 5

40. remixfa (Posts: 13930; Member since: 19 Dec 2008)


i think you should eat that candybar. a low glucose level might explain your braindrizzling.

posted on 19 Aug 2011, 11:59 4

43. SuperAndroidEvo (Posts: 4179; Member since: 15 Apr 2011)


Hey gallitoking I get what you are saying, I really do! All I am saying is that the picture of those 2 phones looks suspect. The Galaxy S has a 4" screen, the iPhone 3GS screen is smaller at 3.5”. Yet the picture is implies that both devices are exactly the same. There seems to something is wrong there that is all. I am not trying to troll, just pointing out that the picture there IS completely misleading! Also why not show the home screen of the Galaxy S not the app drawer? It just seems very suspicious like they are intentionally trying to mislead. I hope it’s an honest mistake & not some deliberate action or something!

posted on 19 Aug 2011, 12:03 3

44. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


Hi, Gallito, glad to see you're making full use of that free personality upgrade to "elitist douche who acts like he's better than everyone just for owning iProducts, who will rabidly defend Apple even when they commit perjury in court in order to ban all of their competitors" which you got with your iProduct purchase.

Long description, amazing results.

posted on 19 Aug 2011, 12:56

50. gallitoking (Posts: 4690; Member since: 17 May 2011)


-@remixfa dude my 3 musketeer hit the spot....
-@SAE, good morning ahh sorry they I didnt even look a t the picture, but yes the iphone is smaller but i figured that just like the cereal boxes, they enlarged image to show details.to be honest, and yes you are not trolling,. not on this article at least ..lol...
-@sniggly. old friend good morning to you as well. well honestly i released tension bashing Android, and i needed now as I have full custody of my 7 year old daughter thats is gettiing the best of me... so die Android die..lol ohh feels good.. lol

posted on 19 Aug 2011, 13:09

51. SuperAndroidEvo (Posts: 4179; Member since: 15 Apr 2011)


lol You are crazy! lol I am glad you got custody of your 7 year old. She WILL TEST YOU!

posted on 19 Aug 2011, 14:22 1

63. Sniggly (Posts: 7113; Member since: 05 Dec 2009)


I'm glad to hear that you got custody of your daughter, man. I understand that fighting in court over who gets the children can be an extremely bitter experience, and if that's your excuse for being a jackass to us for the last several days, then I'll be the first to forgive you.

I mean, it's not like I can claim I've never been an asshole here before either. :)

posted on 19 Aug 2011, 20:42 1

91. remixfa (Posts: 13930; Member since: 19 Dec 2008)


i certainly have never been an asshole on this boards!!





well.. to anyone that matters. :)

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