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Dutch Court Issues Europe-wide Ban on Galaxy S, S2

- By - Source : FOSS Patents

A court in the Netherlands has issued a Europe-wide preliminary injunction against several Samsung smartphones as part of an ongoing patent lawsuit between Apple and Samsung.

A Dutch Court in the Hague has issued a Europe-wide preliminary injunction against Samsung's Galaxy S, Galaxy S II and Ace smartphones. The court is said to have rejected the majority of Apple's claims in the company's patent infringement suit against Samsung. However, the judge found that Samsung did infringe upon an Apple patent related to swiping gestures to view photos in a gallery application and, according to FOSS Patents, has issued a ban that will apply in any country where that patent is valid.

Though Apple's patent was initially designated to 30 member countries of the European Patent Organization, FOSS Patents reports that Apple failed to "make the administrative efforts and pick up the related costs" to ensure it was turned into a valid patent across all of Europe.

"Those countries in which Apple didn't successfully pursue and complete a local registration include Austria, Belgium, Czech Republic, Estonia, Greece, Iceland, Italy, Latvia, Lithuania, Portugal, Romania, Slovenia, Slovakia, and Spain," FOSS wrote. "Local registrations have apparently succeeded in Germany, Ireland, Sweden, Switzerland, and the UK -- as well as the Netherlands, obviously."

As a result, the ban will only cover countries in which Apple completed local registrations. The ban is set to come into play on October 13 but will not have any bearing on the Galaxy Tab 10.1, which was temporarily banned earlier this month as a result of a ruling from German courts. FOSS reports that Samsung will attempt to alter its software so it can avoid infringement of the patent in question before the October 13 ban becomes active.

Read more on the ruling here.

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Thunderfox 08/24/2011 9:04 PM
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A court enforced Apple monopoly. Wonderful...

Anonymous 08/24/2011 9:07 PM
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Im not proud to be a Dutch man.

tuch92 08/24/2011 9:10 PM
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I get this is on a software level and not how they look but when does Apple get in trouble for falsifying documents?

klavis 08/24/2011 9:11 PM
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You should not be able to patent wiping your finger across a screen. Technology, such as specific hardware design, should be able to be patented, not procedures.

RazberyBandit 08/24/2011 9:14 PM
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Quote :the judge found that Samsung did infringe upon an Apple patent related to swiping gestures to view photos in a gallery application and, according to FOSS Patents, has issued a ban that will apply in any country where that patent is valid.

What the...? Now Apple claims to have a patent for human motion!? Not only that, but a judge upheld the claim? Are you kidding me!?

What the heck is this world coming to? If this is part of human evolution, then there's a part of me hopes the Mayans are right...

flclkun 08/24/2011 9:14 PM
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iJudges

figures

Anonymous 08/24/2011 9:16 PM
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Not gonna bash Europeans because as a whole, its not their fault at all... seems like freedoms are disappearing everywhere, not just in the US as it is so often pointed out in comments. Love peace happiness freedom and the right to choose what phone you wanna use.. Amen to God, Allah, Yahweh(sp?) and any other pertinent entities, like those from outer space.

xbeater 08/24/2011 9:17 PM
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Another unproud dutchman here...

Seriously though, this is a software thing, and it is amongst all android phones? Wouldn't that be like attacking acer or HP or any other PC manufacturer for having a similar method of scrolling through a window compared to a mac? WTF is this bullsh!t?

And then why does apple solely attack samsung? Because samsung actually managed to make a device that sells pretty good and is threatening to remove market share from apple?

Seriously, F apple

Anonymous 08/24/2011 9:20 PM
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What company, if any, first introduced the mouse or the keyboard to the patent offices? Who patented WASD? QWERTY? Left-click? Right-click? Who owns those? rofl... hate apple.

ap3x 08/24/2011 9:20 PM
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Anonymous 08/24/2011 9:21 PM
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Biggest kid in the playground with the biggest stick won't let anyone else play and wants your lunch money... or else.

ap3x 08/24/2011 9:23 PM
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soo-nah-mee 08/24/2011 9:28 PM
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I'm going to patent the action of swiping my tissue-covered finger across my backside to clean myself after defecating. After I do so I will sue anyone that tries to wipe their ass.

Anonymous 08/24/2011 9:30 PM
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Pack Of Ass*****, Ive jus ordered my Galaxy S2 getting it 2moro ;-) cant wait , 10* better phone than ITosh !!!!!!!!!!!!!!!!!

AnUnusedUsername 08/24/2011 9:30 PM
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The patent process just doens't make a lot of sense for technology related things. It's a bit like plagurism on a (simple) math problem, really. There's little chance a four-year old would come up with a word-for-word replica of the Gettysburg Address on his own for a given assignment, but ask any two people to solve 2+2, and their work will look pretty much identical. In the case of technology, try to solve a given problem, i.e. recognizing touch gestures, and many completely independent companies will come up with the exact same implementation on their own. That's what happens when there is a "most-efficient" answer. They aren't stealing from anyone, they just both come up with the correct answer. Apparently, being the first to solve it means you are allowed a monopoly on the problem whether the other companies care about your method or not.

Anonymous 08/24/2011 9:30 PM
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Next up, Apple will patent the human form and sue the entire world for infringing on looking human... you think I'm kidding but...

klavis 08/24/2011 9:32 PM
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ap3x :
This capability is enabled not by the fact that you can move your finger but but the fact that the device can recognize and respond to your action. It is completely technology based and yes it is absolutely patentable especially if they do it in a way they created.



It's highly doubtful they are talking about a specific hardware in this case. The article specifically states wiping photos. I doubt that Samsung has the exact same technology. You can patent a procedure, which you shouldn't be able to, yet you can, and this sounds exactly like one of those cases.

hamthony 08/24/2011 9:39 PM
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Up next... Apple patents the fart, it will now be called an ifart. The Samsung Galaxy products have been amazing handsets. I've got a Galaxy S Vibrant and affter having this phone for a year this is one of the few products I've ever owned that made me want to buy more products from a specific company, I think apple is Ipooping in their Ipanties. Samsung is one of the only companies that Apple is playing catch-up to.

bobbyp86 08/24/2011 9:43 PM
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Is it me or are Apple just getting worse and worse?? :/

kilo_17 08/24/2011 9:48 PM
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Who the heck cares if Samsung used a swiping gesture to view photos like Apple uses a swiping gesture to view photos!? I know I don't. Despicable.

ojas 08/24/2011 9:51 PM
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Quote :A Dutch Court in the Hague has issued a Europe-wide preliminary injunction against Samsung's Galaxy S, Galaxy S II and Ace smartphones.


I thought the ruling said that Samsung couldn't import the Galaxy into the Netherlands anymore, which in effect would mean that Samsung's imports of the phone to the rest of Europe would suffer.

Though if this is an Android-related problem, shouldn't Apple be targeting Google instead?

ikyung 08/24/2011 9:57 PM
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Shouldn't be too hard to reprogram the photo swiping "technology". Again though, Apple just bought themselves another month or two. They are openly using some low blow business tricks. At least do it behind curtains. Then again, the richest corporation in the world, what do they care.

jacobdrj 08/24/2011 10:08 PM
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A good pattent judge/lawyer would realize that the underlying technology: The ability to have your finger interface via touch, would, can, and should be patented. The method of interface, should not. Why are we not also up in-arms about the fact that Amazon has a patent for '1 click purchasing'. They have had it for years. I can't believe that they can do this.

horatiuf4 08/24/2011 10:09 PM
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Apple's "To do" list:
-destroy Google
-patent the cirquare (circle-square, duh)
-redefine corporate greediness

ohim 08/24/2011 10:13 PM
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I will patent the way you recharge a mobile device by pluging it to a recharger . Then sue apple for it! What the fuk .. stupid court.

silverblue 08/24/2011 10:14 PM
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ojas :
I thought the ruling said that Samsung couldn't import the Galaxy into the Netherlands anymore, which in effect would mean that Samsung's imports of the phone to the rest of Europe would suffer.Though if this is an Android-related problem, shouldn't Apple be targeting Google instead?



It's called mis-directed rage. Also, thanks for highlighting the fact that Samsung ships its goods into Europe via the Netherlands, something that Apple will not have been alien to and most likely used to its advantage.

If patent trolling was outlawed (please, someone do something about this), I wonder if Apple would be up before the European Court of Justice for attempting to gain a monopoly by way of anticompetitive practices...? One can but wish.

Anonymous 08/24/2011 10:15 PM
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Samsung should announce to its customers that it is recommended that they not use their index finger to swipe. Any other digit, including toes is acceptable by the courts. Oh, elbows are ok too.

gmp23 08/24/2011 10:15 PM
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Ok Anonymous, I think it's time to take Apple down. I would love you guys forever.

Anonymous 08/24/2011 10:20 PM
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We shouldn't ask for any vigilante justice, especially the hacking kind on a technology website. We, as members of Tom's Hardware, would wish that we are respected and will always take the High Road in such difficult times. We mustn't become what we dislike, but endeavor to persevere.

soo-nah-mee 08/24/2011 10:27 PM
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ojas :
...if this is an Android-related problem, shouldn't Apple be targeting Google instead?

Google only supplies the free OS; they don't build or market phones (yet; [coughMotorolacough]).

Kileak 08/24/2011 10:30 PM
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Has Apple patented how to wipe our ass too?

What kind of judge is that... most likely a retard, but he should be careful, I'm sure Apple has a patent somewhere about how to be a retard seeing as most of the consumer base becomes affected shortly after buying into their bullsh!t.