News - Apple wins Dutch injunction again Samsung Galaxy S II

[HEXUS]

It looks like Samsung will have to create another hub if it wants to distribute in Europe.

Read more.

[Roobubba]

Well despite using macs at work (our section is about 90% apple-based), I will never buy an Apple product with my own money. They overcharge as it is, without this greedy litigation. Really winds me up.
If anything, this makes me more inclined to get the Galaxy SII, which I had been thinking of anyway when my contract runs out this September...

[dangel]

Well at least this one made a lot more sense than the tablet rubbish - even so, this sort of thing does little to make consumers warm to you. Software patents are horrible though (regardless of who's involved). Anyway, bring on the cultists and back patting.

[CAT-THE-FIFTH]

It looks like Samsung IS mentioning the tablet from 2001:

http://gizmodo.com/5833586/samsung-c...se-of-all-time

I wonder if Samsung has been looking at forums like Hexus:

http://forums.hexus.net/2110601-post80.html

[CAT-THE-FIFTH]

More details on the violation:

http://www.engadget.com/2011/08/24/n...-violate-appl/



"A judge in The Hague just issued a ruling in Apple's patent infringement case against Samsung, prohibiting "the marketing of Samsung smartphones Galaxy S, S II and Ace for violation of Apple Inc. EP 2,059,868." In an official press release, the court explains that The Hague judge ruled to "ban trading of Samsung smartphones Galaxy S, S II and Ace," adding that Samsung also violated other did not violate Apple patents with its Galaxy Tab 10.1 and 10.1v,. The judge determined that Samsung violated patent 2,059,868, which deals with "method of scrolling," but did not infringe 2,098,948 for "recording a flag in connection with multiple screen taps," or 1,964,022, which relates to dragging a slider to unlock the phone. We haven't been able to confirm, but from an online translation it appears that The ban will remain in effect through begin on October 13th. Hit up the source link for the full 65-page verdict (in Dutch).

Update: A dutch IP attorney has pointed out that the judge has ruled patent 1,964,022 to be null and void, meaning Apple can no longer make claims in the Netherlands based on this patent. The judge also found that Samsung did not infringe on patent 2,098,948. The infringement of 2,059,868 does not affect the Galaxy Tab 10.1. (Correction: the main patent in question is 2,059,868 not 2,058,868.)

Update 2: According to Tweakers.net, 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."

It looks like it is one specific patent which has been violated to do with the gallery on the Samsung devices mentioned. It seems Apple did not win on the vast number of infringements they detailed.

However,as Scott mentioned in the article there might be enough time to change the software so the affected devices can be shipped. However,it does seem to be in all 2.3 devices.

[Mossy]

Just wish all the big names such as Samsung, Motorola, LG etc etc all ganged up on Apple that would be funny they deserve it at this rate....

[Ferral]

Apple are really getting underhanded with what they are doing, its about time someone knocked them down a peg or two. All the other manufacturers should get together and start pulling apart the iPhone and see what it infringes on from their older patents. They are the newest mobile manufacturer in the market, some of the companys like Nokia, Sony Ericcsson and Blackberry should be able to do something about them.

They are trying to corner the market so that if you want a smartphone you are going to be limited in what choice you have.

I have just said to my wife, after her iPhone contract is through not one Apple device is coming into our house ever again. You are literally paying over the top for their stuff due to the logo.

[HalloweenJack]

with google buying motorola - they might be quiet for now but you can bet they`ll come out with a full on boroadside when they are ready.

[danroyle]

Apple are really getting underhanded with what they are doing, its about time someone knocked them down a peg or two. All the other manufacturers should get together and start pulling apart the iPhone and see what it infringes on from their older patents. They are the newest mobile manufacturer in the market, some of the companys like Nokia, Sony Ericcsson and Blackberry should be able to do something about them.

They are trying to corner the market so that if you want a smartphone you are going to be limited in what choice you have.

I have just said to my wife, after her iPhone contract is through not one Apple device is coming into our house ever again. You are literally paying over the top for their stuff due to the logo.

totally agree my wife is on an awful 2 year contract with o2 cos she wanted an iphone 3gs. Paying well over the odds for it

[Percy1983]

I was looking at some real printed photos the other day and I slide them out of view, will apple be after me?

Never mind taking apple on with patents, how about just stop making hardware for them.

[Jay]

should that be "against"?

[Splash]

Were I in the Netherlands all this would do is make me want a GS2 more. This kind of behaviour isn't winning Apple *any* fans.

[mark22]

Were I in the Netherlands all this would do is make me want a GS2 more. This kind of behaviour isn't winning Apple *any* fans.

They probably think their flock is big enough and now want to stop anyone getting better than them, which this phone clearly is.

[Scribe]

I've already converted from apple to android for this reason, I have a Galaxy S II because it's better not because it's the same.

The core issue here is that we grant something as stupid as design software patents. Horrendous.

[Spud1]

the core issue here is that we grant something as stupid as design software patents. Horrendous.

its not horrendous if you are the software engineer who came up with that amazing idea, designed and developed it, and then proceeded to see other companies blatantly rip off your work-software patents are just as important as traditional ones, albeit much more complicated, expensive and difficult to enforce.

Samsung will get around this I am certain, and so they should. If they had hired better patent lawyers they wouldn't be in this mess at the moment.

I do think that the way apple has gone about this is very over the top-assuming that they didn't try to resolve the issue out of the courts, but if they did and Samsung told them where to go, then you can't blame them really, any large corporation would do this as its win win for them . You defend your IP, potentially harm your competitor legally, and 99% of your user base doesn't care so you don't really lose any business from potential bad pr.

[CAT-THE-FIFTH]

People should read my previous post. Apple has had all their major claims thrown out by the Dutch court. The preliminary ruling they won is minor and does not affect any of their tablets and not even all of their phones. Samsung is already working on a software fix.

The verdict does not even affect most of Europe too:

http://www.zdnet.co.uk/blogs/communi...e-eu-10024196/

It is a major failure for Apple.

Things could get much worse for them especially in the US if they prove "prior art" with tablets.