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Apple wins case against Samsung in the Netherlands

Posted: , by Nick T.

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Apple wins case against Samsung in the Netherlands
Update: In response to the ruling, a Samsung lawyer has stated that a software update will be pushed out to all devices that infringe on Apple's intellectual property. The patch will replace the Gallery app, which was found to be violating a patent dealing with “methods of scrolling”. Once the update is out, sales of the Samsung Galaxy S, SII and Ace in the Netherlands should not be affected by the ban. Furthermore, Kim Titus of Samsung Mobile assured that the outcome of the case “is not expected to affect sales in other European markets.”

However, it is worth pointing out that the Gallery app used in the said handsets is the standard one that comes with Android 2.3. It will be interesting to see whether the ruling will start a chain reaction causing all other Android device manufacturers to roll out software updates before falling within Apple's scope.

source: Tweakers.net (translated) via Engadget

Patent battles between Apple and Samsung are taking place on several arenas throughout the world, and a Dutch court in the city of The Hague is exactly one of them. Those who keep a close eye on things probably know that last week, Cupertino demanded for sales of the entire Galaxy line to be banned across the Netherlands. Well, the dispute that raged there today has just arrived at a conclusion, and the outcome appears to be pretty grim for the Korean manufacturer.

Effective October 13, marketing of the Samsung Galaxy S, SII and Ace will be forbidden on the territory of the Netherlands on account of infringing upon intellectual property owned by Apple. The patents that lead to the court's decision against Samsung deal with “methods of scrolling”recording a flag in connection with multiple screen taps, and dragging a slider in order to unlock the phone. In addition, the court added that the Samsung Galaxy 10.1 and 10.1v also violate some of Apple's patents, but it seems like no order prohibiting sales of these devices has been issued yet.

It seems like Samsung needs to think of something and think of it fast as sales of its Galaxy smartphones across the entire continent may be affected by the injunction. Currently, the company's pan-European logistics use the Netherlands as their primary hub, but with the ban in effect, devices that violate Apple's patents will be restricted from entering the country. Unless a solution to the issue is arrived at soon, shipping Samsung products into other European countries might be greatly impaired.

How today's ruling will affect the outcome of the cases filed in other countries is something that we have yet to see, but at this time, it seems like Apple has the upper hand.

source: Rechtspraak (translated), FOSS patents

206 Comments
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posted on 24 Aug 2011, 10:12 39

1. NeXoS (Posts: 288; Member since: 03 May 2011)


This is how good the Samsung Galaxy S II is. Apple isn't suing any other phone.

posted on 24 Aug 2011, 11:29 4

43. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


If it's good, then why does it copy Apple?

posted on 24 Aug 2011, 12:04 22

61. Ionious (unregistered)


Because the GSII is not a copy of the iPhone.
If it is, please consult your doctor.

posted on 24 Aug 2011, 12:25 13

66. gallitoking (Posts: 4720; Member since: 17 May 2011)


I did visit Dr. Dre and he told me to buy HTC with Beats...

posted on 24 Aug 2011, 13:20 1

74. remixfa (Posts: 14255; Member since: 19 Dec 2008)


comment of the day right thaar .. lol

posted on 24 Aug 2011, 18:23

146. remixfa (Posts: 14255; Member since: 19 Dec 2008)


i was talkin about gallitoking's post, not miz. i thought the post was funny actually.. lol

posted on 24 Aug 2011, 12:35

68. iKingTrust (banned) (Posts: 716; Member since: 27 Jul 2011)


i know man people are so dumb

posted on 24 Aug 2011, 13:41 12

82. firebo14 (Posts: 77; Member since: 16 Aug 2011)


"dragging a slider in order to unlock the phone"

Call that copying?... most phones do that. Apple seriously sucks.

posted on 24 Aug 2011, 16:36 1

134. christianqwerty (Posts: 467; Member since: 05 May 2011)


if samsung wasnt violating the patents, then why did apple win?

posted on 24 Aug 2011, 20:53 3

165. cheetah2k (Posts: 1594; Member since: 16 Jan 2011)


This article is wrong. Samsung phones will continue to be sold, albeit with a differing "Gallery" scrolling method.

What iPhonearena fails to mention, is that the judge determined that Samsung violated patent 2,059,868, which deals with "method of scrolling," and this is related to the viewing of pictures only.

Samsung says that it will replace the software that infringes on Apple's patent (the Gallery application, specifically), which should allow it to continue to sell the phones. Notably, that Gallery application is the standard Android one used in Android 2.3, which also explains why the Galaxy Tab 10.1 is not affected by this ruling. Less clear is what the ruling means for other Android phones that use the same application.

An unbiased write up can be found here
http://www.engadget.com/2011/08/24/netherlands-judge-rules-that-samsung-galaxy-s-s-ii-violate-appl/

posted on 25 Aug 2011, 06:34

192. AppleFUD (unregistered)


only 1 of 10 times were upheld by the court w 1 parent invalidate

not much of a win here for apple

change the gallery app or find prior art for it. . . not a big deal

posted on 24 Aug 2011, 10:12 8

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


update...
http://www.engadget.com/2011/08/24/netherlands-judge-rules-that-samsung-galaxy-s-s-ii-violate-appl/

posted on 24 Aug 2011, 10:27 12

13. protozeloz (Posts: 5396; Member since: 16 Sep 2010)


yep Samsung will roll out a patch and continue selling

posted on 24 Aug 2011, 10:36 5

19. jura21 (Posts: 30; Member since: 20 Jun 2011)


quite natural :)..on the bright side, i am anticipating a faster ice cream sandwich update for my SGS1 :D

posted on 24 Aug 2011, 10:15 6

3. PhoneLuver (Posts: 481; Member since: 05 Jul 2010)


Samsung has a lot to learn from ASUS. I really respect ASUS for thinking outside the box. Samsung has more than enough resources to come up with their own unique interfaces. BTW who said there was anything wrong with stock Android?

posted on 24 Aug 2011, 10:15 11

4. rycx365 (Posts: 37; Member since: 18 Mar 2011)


Samsung should stand up for the Apple trees and sue apple for copying their name

posted on 24 Aug 2011, 10:21 9

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


Samsung should work on a couple of updates, remove anything that might be patent infringement and keep on with Galaxy SII line. As PhoneLuver says, they have the resources.

People will soon get sick of all this suing madness.

posted on 24 Aug 2011, 11:30 4

46. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


They should've did that the first time instead of copying Apple

posted on 24 Aug 2011, 15:50 4

120. Yeeee (Posts: 190; Member since: 02 Aug 2011)


troll

posted on 24 Aug 2011, 16:44

136. AMH (unregistered)


I think you mean he's ***, cause he sucks on Steve's D.!.k all day

posted on 24 Aug 2011, 15:53 4

122. remixfa (Posts: 14255; Member since: 19 Dec 2008)


do u actually read the real stories or do u just make dumb comments? my guess is the latter.. lol

if you actually read the updated article and forget all the sensationalism on PA, the ONLY thing that samsung got hit for was the one and only one patent that dealt with the gallery and how it registered swipes. Samsung already said it will send out and OTA to fix the issue. They arent actually banned.

posted on 24 Aug 2011, 21:20

166. idan (unregistered)


Isn't that why apple is paying Nokia for past and future phones. They should have invented GSM and 3g instead copying others.

Lol absurdity is a must!

posted on 24 Aug 2011, 10:21 2

6. ParaSky100 (Posts: 3; Member since: 24 Aug 2011)


At least only 3 phones will be affected by this. Their budget android phones like the Europa and the Fit won't be going anywhere.

posted on 24 Aug 2011, 10:23 6

7. gallitoking (Posts: 4720; Member since: 17 May 2011)


thats right... the SGII will not make even into the US the way things are going.. once the big head Samsung goes down.... we are going after the little fish... . I want to read all the fandroids.. rebuttals to this report.... 5....4....3...2....1....

posted on 24 Aug 2011, 10:40 8

21. wumberpeb (Posts: 453; Member since: 14 Mar 2011)


are you an idiot? do you really support this? whether or not you love your iDevice, do you really want one company literally booting their biggest competition out of entire countries one by one?

what good does that do, other than proclaim Messiah Jobs as an asshole?

posted on 24 Aug 2011, 11:20

39. gallitoking (Posts: 4720; Member since: 17 May 2011)


my support doesnt change anything.. wheter i support or not.. things are what they are... this has nothing to do with support... Apple will still be in business and so is samsung... so just pick a side and watch things unfold...

posted on 24 Aug 2011, 10:53 9

25. SuperAndroidEvo (Posts: 4857; Member since: 15 Apr 2011)


What up gallitoking? I survived the East Coast Earthquake. The first Earthquake I have ever felt. It's weird to have the ground shake like that, it felt so unnatural. Where I like it was only like a 2.0 but still it was something to behold! In Virginia it was like a 5.9 so that is kinda on the bigger side! Anyway I don't get how people think the iPhone 4 & the Galaxy S II look alike? One has a huge screen the other is small, one is made of glass & the other plastic. What gives? Also power up both phones & you will see the difference, TouchWiz & iOS don't look alike. All you need to do is hold both phones in your hands & SEE the difference. The Netherlands & Germany must be blind. I just don't see how you can confuse them both. You can put a blind fold on & just feel the difference. Glass feels different than plastic! This is crazy!

posted on 24 Aug 2011, 11:41 2

53. gallitoking (Posts: 4720; Member since: 17 May 2011)


wow dude good that you are ok. man... good to hear that... for us is hard for us to not distuinguish between the iphone and the samsung copyphone... but for people out there... if they thing the iphone4 is 4g.. camon.. dont you thing they can easy confused them too... again... for them not for us.. i dated twins once.. i could distingush them but most people couldnt. i could see many diferences.. but most people couldnt... maybe is what happening here.. except they are not twins.... they are clones..lol ..sorry had to trow that in there

posted on 24 Aug 2011, 13:23 3

75. remixfa (Posts: 14255; Member since: 19 Dec 2008)


the infringement is so generic they will use this to go after all competition in that country. A slide unlock .. really?? Wtf.

posted on 24 Aug 2011, 14:13

92. Dman (unregistered)


Don´t worry remixfa.

It has already been updatedhttp://www.engadget.com/2011/0​8/24/netherlands-judge-rules-that-samsung-galaxy-s-s-ii-violate-appl/

The only patent infringiment is the scrollable gallery.

A simple update will solve it. And it actually is something from Gingerbread 2.3.

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