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Apple wins Dutch injunction against Samsung Galaxy S II

by Scott Bicheno on 24 August 2011, 16:28

Tags: Apple (NASDAQ:AAPL), Samsung (005935.KS)

Quick Link: HEXUS.net/qa6y4

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Going dutch

The attritional patent battle between Apple and Samsung over mobile devices took another turn in Apple's favour today, with the announcement by a Dutch court that it had granted a preliminary injunction requested by Apple against the Samsung Galaxy S, S II and Ace.

As ever the news was brought to our attention by tech patent blog FOSS Patents. The injunction covers a software patent concerned with photo management on a mobile device and, apart from Holland, only affects those countries in which Apple completed local registration of the patent. They include: Germany, Ireland, Sweden, Switzerland, and the UK.

But Apple presumably targeted Holland because it knew that's where Samsung's European logistics hub is, so even Samsung seems to be hamstrung across the whole of Europe regardless.

But FOSS Patents reckons Samsung should be able to minimise the damage this decision causes, because it has seven weeks until the decision is enforced. Given that this is a software patent, it has a fighting chance of ensuring all affected phones distributed after that date don't infringe on this patent.

On the flip side this decision is viewed as a ‘severe blow' for Android, as the patent most likely comes from that platform, and Samsung is just the Android OEM Apple has chosen to focus on. If that is the case, Google and the other OEMs will presumably have to work around that patent or license it from Apple.

Then again, everyone could just chill out and get on with making great devices - and lots of money - without having to get in each other's faces the whole time. Like that's going to happen. Here's the court document for our Dutch-speaking readers.

 

KG 11-0730 en 11-731 Apple - Samsung

 



HEXUS Forums :: 18 Comments

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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...
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.
It looks like Samsung IS mentioning the tablet from 2001:

http://gizmodo.com/5833586/samsung-cites-2001-a-space-odyssey-against-apple-in-greatest-legal-defense-of-all-time [gizmodo.com]

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

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

:p
More details on the violation:

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



"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.
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....