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

dgstorm

Editor in Chief
Staff member
Premium Member
Joined
Dec 30, 2010
Messages
10,992
Reaction score
3,966
Location
Austin, TX
apple_samsung-patent-lawsuit.jpg

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:
A portable electronic device with a touch screen display for photo management is disclosed. One aspect of the invention involves a computer-implemented method in which the portable electronic device displays an array of thumbnail images corresponding to a set of photographic images. The device replaces the displayed array of thumbnail images with a user-selected photographic image upon detecting a user contact with a corresponding thumbnail image in the array. The user-selected photographic image is displayed at a larger scale than the corresponding thumbnail image. The portable device displays a different photographic image in replacement of the user-selected photographic image in accordance with a scrolling gesture. The scrolling gesture comprises a substantially horizontal movement of user contact with the touch screen display.
Here's a quote from the FossPatents article sharing a few more details on what it means for Samsung,
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. 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.
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,
Despite the impending embargo, Samsung welcomed the judgement. In a statement, the company said: "Today's ruling is an affirmation that the Galaxy range of products is innovative and distinctive.

"With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphones to Dutch consumers."
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
 

Trusstopher

Super Moderator
Staff member
Joined
Oct 13, 2010
Messages
2,607
Reaction score
83
Location
Oklahoma
Make is a "substantially vertical movement of user contact" and you've fixed the problem.
 

Beardface

Active Member
Joined
Apr 2, 2010
Messages
687
Reaction score
97
Location
Raleigh, NC
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.
 

Arkbird

DF News Team
Premium Member
Joined
Oct 26, 2010
Messages
1,747
Reaction score
63
Location
Northern Virginia/Washington DC
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.

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.
 

Tillmorn

Active Member
Joined
Mar 23, 2011
Messages
185
Reaction score
6
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...
 

Tillmorn

Active Member
Joined
Mar 23, 2011
Messages
185
Reaction score
6
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.
 

Arkbird

DF News Team
Premium Member
Joined
Oct 26, 2010
Messages
1,747
Reaction score
63
Location
Northern Virginia/Washington DC
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.
 

SwiftLegend

Member
Joined
Apr 16, 2010
Messages
692
Reaction score
8
Location
NYC
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.
 

OneTenderRebel

Silver Member
Joined
Mar 31, 2010
Messages
3,327
Reaction score
63
Location
Hampton Falls, NH
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.
 

Tillmorn

Active Member
Joined
Mar 23, 2011
Messages
185
Reaction score
6
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...
 

Arkbird

DF News Team
Premium Member
Joined
Oct 26, 2010
Messages
1,747
Reaction score
63
Location
Northern Virginia/Washington DC
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.
 

UrbanBounca

Rescue Squad
Staff member
Premium Member
Rescue Squad
Joined
Sep 25, 2010
Messages
2,751
Reaction score
207
Location
Virginia
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.

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

Sent from my DROID2 using Tapatalk
 

OneTenderRebel

Silver Member
Joined
Mar 31, 2010
Messages
3,327
Reaction score
63
Location
Hampton Falls, NH
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.

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.
 

Byakushiki

Member
Joined
May 23, 2011
Messages
857
Reaction score
3
Location
Usea
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
 
Top