Dutch Court Rules Against Samsung; Blocks Galaxy S, S2 & Ace in EU; Samsung Undaunted

Discussion in 'Android News' started by dgstorm, Aug 24, 2011.

  1. dgstorm
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    dgstorm Editor in Chief Staff Member Premium Member

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    Samsung was dealt a harsh blow by a Netherlands Judge today in their ongoing legal battle against Apple. However, things may not be too grim for the Korean manufacturer. The court ruled that the Samsung Galaxy S, Galaxy S II, and Galaxy Ace infringe upon one of Apple's software patents. This is patent number EP 2059868, which is for a "portable electronic device for photo management." These phones have been subsequently banned from sale throughout the European Union. The ruling is in regards to the following specific patent that was violated:
    Here's a quote from the FossPatents article sharing a few more details on what it means for Samsung,
    The good news about this is that the judge rejected several other patent issues, as well as Apple's claim that Samsung had stolen many of its design ideas. This also means that the Samsung Galaxy Tab 10.1 will not be banned from sale. Furthermore, here's where things start to actually look even better. This is a quote directly from a BBC news article, quoting Samsung in regards to this outcome,
    It appears that Samsung has vowed to keep fighting, and will likely just make some adjustments to their software to make sure their phones are still available. We will continue to monitor the case and share any more relevant info.

    Source: GalaxyForums.net via AndroidCentral and FossPatents and BBC News
  2. Trusstopher
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    Trusstopher Super Moderator

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    Make is a "substantially vertical movement of user contact" and you've fixed the problem.
  3. Arkbird
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    Arkbird DF News Team Premium Member

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  4. Beardface
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    Beardface Member

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    Wait, am I correct, or did Apple win this over 'pinch to zoom' and sideways flick to move from screen to screen.

    If thats the case, thats NOT a good sign for the rest of the Android platform.
  5. Arkbird
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    Arkbird DF News Team Premium Member

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    No. The only thing Apple won was the scrolling portion where when you hit the bottom or top of the gallery it "bounced back." Check my update post.
  6. Tillmorn
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    Tillmorn Member

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    So they're saying Apple patented the ability to tap a thumbnail, see a larger view of it, then swipe horizontally to see the next picture. Surely Apple was not the first to implement such a feature on their devices. Otherwise, every smartphone/tablet/other touchscreen device would be in violation of such a thing. If that were the case, it seems highly unreasonable that Apple would have waited this long to strike down their competitors...
  7. Tillmorn
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    Tillmorn Member

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    Ah, never mind, the "bounce" feature. Intriguing. Definitely part of the touchwiz overlay though as I just checked both my phone and Zune, neither of which "bounce" thankfully.
  8. Arkbird
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    Arkbird DF News Team Premium Member

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    Yeah. Like they said, all that requires is a simple update on Samsung's part. So I guess Apple didn't really get the "victory" they were looking for.
  9. SwiftLegend
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    SwiftLegend New Member

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    I really think Apple is pathetic. How are you suing someone for a swipe gesture? Don't you think that is kind of small? I mean come on, it's not like that is really a deciding factor on what phone to get. Seems to me like Apple patented all the little irrelevant things just to cover their asses so no one else could compete with their phone.
  10. OneTenderRebel
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    OneTenderRebel New Member

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    yes the lawsuits suck but someone was stupid enough to award them patents for things that shouldn't have been awarded for. I mean technically Apple doesn't have to sue for it but they have every right to if they own the patents for these things. The problem lays with the system not Apple.
  11. Tillmorn
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    Tillmorn Member

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    Wait. And sorry for the triple post. I just read something from a link in the comment sections of phandroid's article that got me thinking. The picture both shown above and in the court documents here:

    http://ieforum.nl/backoffice/uploads/file/IE-Forum%20Rechtbank%20's-Gravenhage%2024%20augustus%202011%20(bij%20vervroeging),%20KG%20ZA%2011-730,%20KG%20ZA%2011-731%20(Apple%20tegen%20Samsung).pdf

    shows a swipe that is too short, and thus the picture "bounces" back instead of moving to the next one in the gallery. If that's what they've patented, then that is a feature of most devices. True, it would be a relatively simple software fix, but again I question why Apple has not used this sooner...
  12. Arkbird
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    Arkbird DF News Team Premium Member

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    Apple is getting desparate. That's why they are doing this now. And true, if they have the patent, they do have every right to file a suit but it's petty because they could have done this a long time ago. I bet Samsung probably brought that up in court in their defense.
  13. UrbanBounca
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    UrbanBounca Rescue Squad Staff Member Rescue Squad Premium Member

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    Duh. It's called getting rid of your competition. Business is business.

    Sent from my DROID2 using Tapatalk
  14. OneTenderRebel
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    OneTenderRebel New Member

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    I don't buy the desperation thing, they are the wealthiest brand on earth, just reported their highest quarter ever financially and their Mac sales jumped up 26% with the introduction of new hardware. I think they just view this as protecting their patents. Yes it stinks for the consumer to keep reading about the lawsuits but patent wars are nothing new and will last till the end of time.
  15. Byakushiki
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    Byakushiki New Member

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    I think htc should take action. Shut down all of apple's macs since iirc, they do have a patent capable of that. Otherwise, it's only time before they patent something like having a lock/power button. By that point, I'll personally raid their headquarters myself.

    Sent from my cyanoblurred D2G
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  16. Arkbird
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    Arkbird DF News Team Premium Member

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    Just because they are desperate doesn't mean they aren't doing well. I don't think they want to let their competition get anywhere near the level of sales they are getting. But it doesn't really matter with this one since they didn't really win.
  17. Trusstopher
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    Trusstopher Super Moderator

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    It almost seems like apple doesn't care if the lawsuits fail or about stopping the products all together, just during the Christmas rush, and more specifically Black Friday... one week of less competition, especially during the 4th quarter, would be huge for apple
  18. SwiftLegend
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    SwiftLegend New Member

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    Of course they have the right, but it is still pretty dumb to sue for something so small. That's like them suing all manufactures that have a power button on a device, because they thought of it first. IBM could sue Apple for including a touchscreen in their phone, since they are the first to come up with it. (IBM Simon) If you wanna be specific, then LG could sue them for including a capacitive touch screen in their phone. To me it seems pretty trivial. If Apple wanted to be so original, they should've made a way for us to communicate with each other, surf the web, without using a phone at all...
  19. SwiftLegend
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    SwiftLegend New Member

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    No, there's a difference between suing for petty reasons and getting rid of your competition. That's dumb to say. Best way to get rid of competition is to make something better than your competition. You don't see Motorola suing Samsung for using blah blah blah. That's like saying it is ok for one football team to break the legs of members on the other team's legs to get rid of the competition. That's called bad sportsmanship, and that seems to be Apple's motto.

    We must've been on the same wavelength, because I was just thinking that.
  20. OneTenderRebel
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    OneTenderRebel New Member

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    You guys are thinking about this the wrong way. If someone is stupid enough to give someone a patent for a lock/power button than that company SHOULD sue everyone and their mother who tries to use their patent. That's just being smart. Very dumb to award the patent, very smart for getting the patent. What's the famous saying, hate the game not the player, haha