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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: 122; 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: 2431; 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: 394; 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: 14255; 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: 4857; 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: 1381; 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: 14255; 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: 14255; 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

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