Samsung Galaxy smartphones banned from sale in Europe in Apple suit

Posted:
in iPhone edited January 2014
A Netherlands judge ruled on Wednesday that Samsung's Galaxy S, Galaxy S II and Ace smartphones are in violation of Apple patents, and ordered an injunction against sales of the devices across the European Union.



The preliminary injunction came from a Dutch Court in the city of The Hague, according to Florian Mueller of FOSS Patents. The ruling applies to Samsung smartphones, but not to the Galaxy tablets, and is set to take effect in seven weeks, or around mid-October.



The ruling reportedly applies to countries where one European software patent, entitled "Portable Electronic Device for Photo Management," is valid. It is unclear in what countries across Europe the application became a valid patent.



"In legal terms, the order does not bind Samsung's Korean parent company -- only three different Samsung subsidiaries registered in the Netherlands -- with respect to other countries than the Netherlands," Mueller wrote.



"However, it is my understanding that Samsung's European logistics use the Netherlands as the primary hub. If Samsung's Korean parent company wants to exercise its freedom to ship into other European countries despite this injunction, it will have to reorganize its logistics chain in Europe accordingly."



Wednesday's decision is yet another key legal victory for Apple in its ongoing patent dispute with Samsung. That success began just a few weeks ago, when a judge in Australia ruled that the Samsung Galaxy Tab 10.1 is in violation of Apple's patents.







Soon after, a German court separately also found that the Galaxy Tab 10.1 infringes on patents related to Apple's iPad. Sales of the Samsung touchscreen tablet were initially banned across Europe, but later revised to only apply to Germany.



Wednesday's decision represents the first major success Apple has had against the Samsung Galaxy line of smartphones, however. The Cupertino, Calif., company first sued Samsung in April, accusing its rival of copying the look and feel of both the iPhone and iPad.
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Comments

  • Reply 1 of 102
    walshbjwalshbj Posts: 864member
    What if Galaxy phones became the new Coors and were highly coveted as irresistable forbidden contraband delivered by smugglers?
  • Reply 2 of 102
    irnchrizirnchriz Posts: 1,601member
    No reason for Samsung to continue to do this. They just need to make peace with Apple and tweak their designs a bit. Samsung should never have let it go this far.
  • Reply 3 of 102
    d-ranged-range Posts: 396member
    Anybody know a Sci-Fi movie to help Sammy out on this one?
  • Reply 4 of 102
    Quote:
    Originally Posted by walshbj View Post


    What if Galaxy phones became the new Coors and were highly coveted as irresistable forbidden contraband delivered by smugglers?



    I would feel sorry for the people who would spend big $$$ on contraband galaxy phones...
  • Reply 5 of 102
    Before everyone get overly excited, the Court threw out all of Apple's claims that Samsung had slavishly copied its designs and instead agreed on one patent violation dealing with photo viewing/scrolling.



    Meaning, Samsung could possibly reverse the ban by issuing a software update rectifying the Gallery issue. Not sure about the Tab but I guess the claims would have been rejected as well.
  • Reply 6 of 102
    solipsismsolipsism Posts: 25,726member
    This will probably get reversed by the end of the week but it's important flesh would to Samsung's case nonetheless





    Quote:
    Originally Posted by d-range View Post


    Anybody know a Sci-Fi movie to help Sammy out on this one?



  • Reply 7 of 102
    gatorguygatorguy Posts: 22,826member
    I was a bit surprised to see only a single Apple patent claim validated, and an odd one at that. It may be that Samsung doesn't have as much to worry about as was surmised by many bloggers and forum posters. While technically a win for Apple, it's not on the scale that I might have guessed.
  • Reply 8 of 102
    Quote:
    Originally Posted by walshbj View Post


    What if Galaxy phones became the new Coors and were highly coveted as irresistable forbidden contraband delivered by smugglers?



    Funny.



    The idea that Europeans would "crave and covet" watery American (so-called) beer is about as likely as them craving a Galaxy phone I guess. Maybe ex-pat Americans would be interested?
  • Reply 9 of 102
    MacProMacPro Posts: 19,251member
    Quote:
    Originally Posted by d-range View Post


    Anybody know a Sci-Fi movie to help Sammy out on this one?



    I'm sure the Ferengi are already selling them to unsuspecting Klingons at the Farpoint bar.
  • Reply 10 of 102
    Quote:
    Originally Posted by irnchriz View Post


    No reason for Samsung to continue to do this. They just need to make peace with Apple and tweak their designs a bit. Samsung should never have let it go this far.



    Yeah, that's what's so stupid about this whole thing. They only have to back down a tiny bit and they are good.



    I think it's all about face-saving or something.
  • Reply 11 of 102
    nasseraenasserae Posts: 3,166member
    Quote:
    Originally Posted by d-range View Post


    Anybody know a Sci-Fi movie to help Sammy out on this one?



  • Reply 12 of 102
    A few pointers:



    -The swipe to unlock patent was considered invalid by the judge due to prior art if I read the ruling correctly.



    -Samsung does not infringe any of the design patents with the tabs or phones.



    -They have already stated that they will change the gallery app (the one patent that they did infringe upon with their phones only) in time for the ban.



    Also the gallery app is the vanilla android one, so google better get that thing updated.
  • Reply 13 of 102
    The judge rejected the design claims - only the patent related to using swiping gestures to switch between photos in a gallery application was granted.
  • Reply 14 of 102
    rot'napplerot'napple Posts: 1,839member
    Quote:
    Originally Posted by d-range View Post


    Anybody know a Sci-Fi movie to help Sammy out on this one?



    So Samsung's "exhibit A" of 'futuristic devices' from the movie '2001: A Space Odyssey' didn't help them to win their argument.



    So I guess you can say they... Lost in Space!



    So when Samsung see's apples, their high tech warning system will go off, spouting "Danger!, Danger!"







    /

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    /
  • Reply 15 of 102
    geekdadgeekdad Posts: 1,131member
    Quote:
    Originally Posted by AppleDroid View Post


    Before everyone get overly excited, the Court threw out all of Apple's claims that Samsung had slavishly copied its designs and instead agreed on one patent violation dealing with photo viewing/scrolling.



    Meaning, Samsung could possibly reverse the ban by issuing a software update rectifying the Gallery issue. Not sure about the Tab but I guess the claims would have been rejected as well.



    That would make so much sense! A software update and the suit goes away.....
  • Reply 16 of 102
    MacProMacPro Posts: 19,251member
    Quote:
    Originally Posted by geekdad View Post


    That would make so much sense! A software update and the suit goes away.....



    The software update that returns Android to the pre iPhone rip off might ... but then they'd need a trendy BB style pull out keyboard
  • Reply 17 of 102
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by AppleDroid View Post


    Before everyone get overly excited, the Court threw out all of Apple's claims that Samsung had slavishly copied its designs and instead agreed on one patent violation dealing with photo viewing/scrolling.



    The filing was for an injunction to prevent sales until the full court case. The court ruled that they didn't see cause for a ban on trade dress (basically saying that don't agree it is obviously a copy) but there is cause on the patent issue. A patent that specifies only phones so the devil is in the details.



    I'm a tad surprised that EU rules push start dates out like they do. Then again if Samsung loses Apple can always request a per unit sold damage on top of whatever else and might get it making the issue a wash. At the same time, the required damages for he injunction would be less if Samsung wins since the tablet is out of the equation as well as some part of the phone sales.
  • Reply 18 of 102
    Quote:
    Originally Posted by AppleDroid View Post


    Before everyone get overly excited, the Court threw out all of Apple's claims that Samsung had slavishly copied its designs and instead agreed on one patent violation dealing with photo viewing/scrolling.



    Meaning, Samsung could possibly reverse the ban by issuing a software update rectifying the Gallery issue. Not sure about the Tab but I guess the claims would have been rejected as well.



    Exactly. How anybody can interpret this as a huge victory of Apple. Most of their patent claims were just invalidated. The only remaining issue can be fixed by simple software update. This needs a quite bit of fanboism to be seen as anything that favors Apple's litigation machine.
  • Reply 19 of 102
    jmmxjmmx Posts: 341member
    Quote:
    Originally Posted by AppleInsider View Post


    The ruling reportedly applies to countries where one European software patent, entitled "Portable Electronic Device for Photo Management," is valid



    The best they can do is a patent on photo management? If this is all they can hold against the competition's devices, then they do not have much to stand on!



    Kind of sad.
  • Reply 20 of 102
    sennensennen Posts: 1,467member
    Quote:
    Originally Posted by d-range View Post


    Anybody know a Sci-Fi movie to help Sammy out on this one?



    "Spaceballs"?
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