Android Phones
Netherlands no longer safe for Samsung; 3 devices banned for Apple patent violations
August 24, 2011 | by Andrew Kameka
Samsung
A Dutch judge has deemed that Samsung Android devices violate patents held by Apple, and has banned the marketing of three devices in Netherlands as a result. The Samsung Galaxy Ace, Galaxy S, and Galaxy S II will not be permitted to be sold in the Netherlands because of the violations.
A preliminary ruling says that Samsung violates 1 of 3 patents held by Apple, which accused Samsung of stealing itsmethod for scrolling and browsing a photo gallery, a method for sliding to unlock a screen, and a method for recording a “flag” in connection with multiple screen taps. The judge ruled that Samsung copied the style of Apple’s method for displaying images in a gallery, and granted Apple’s request to block its importation into the Netherlands (other EU devices are not affected). The ban goes into effect October 13, 2011.
Today’s ruling is a victory for Apple, which is waging a battle with Samsung in multiple countries. This is the first solid victory, and could be the first domino in Apple’s efforts to assert its intellectual property powers as a means to stop the spread of Samsung Android devices. It could also encourage other Android manufacturers to change their software design in order to avoid similar consequences.
Apple is already involved with patent battles against HTC and Motorola, so this may not be the last time we hear of a ban on products that allegedly violate Apple’s intellectual property. Appeals or settlements could be in the works, but if anyone Dutch has been eyeing a Samsung Galaxy S II, now might be the time to purchase it.
via Engadget
UPDATE: This article originally said that Samsung violated 3 patents, but the judge actually ruled only 1 patent was violated. Thanks to Jeroendaanen for pointing out the error. Samsung says that it can change the software in order to be compliant.
UPDATE 2: Samsung has responded to today’s ruling with the following statement.
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.
This ruling is not expected to affect sales in other European markets.
Samsung has a proud history of innovation in the mobile industry. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world.
The ruling found no IP infringements by Samsung GALAXY Tab devices. It found that Samsung’s GALAXY S, GALAXY S II, and GALAXY Ace infringed just one of the 10 IP rights which were cited in the lawsuit.














Apple won only 1 patent, an easily replaceable photo browsing gimmick. This was enough to get a sale ban, but placed far enough in the future to let Samsung address the issue.
Apple lost claims that Samsung mimics their design and the judge ruled that this was not the case. Also one patent (the slide to unlock the phone) was invalidated. Both good news for Samsung and other device builders.
I think Apple sustained much losses loses for little gain.
What I find the most amazing is what is being INTERPRETED as the patent. What exactly is patented? The candy bar look, the rectangle or what? I have both the iPhone 4 and an Android device and really see no similarities in the galleries unless I stretch my imagination to its limits and look for something that isnt there. This just simply amazes me that instead of improving and inovating beyond what is out there all of these manufacturers have just decided to become sue happy. Im completely understand wanting to protect your property but is what they are looking at their property? What I see in the Apple vs Android (not the manufacturers that Apple is suing) is Apple is not number one anylonger and since they cannot improve upon what they already have then lets stiffle the competition and not allow their OS's to surpass ours. I am sure most of these suits are frivalous and should be thrown out and keep the ones that actually have merrit. I am just tired of hearing about all of these suits….
Here's the exact quote of patent in question. (EP 2059868) It applies only to the countries affiliated with the European Patent Office (countries listed here: http://www.prior-ip.com/patent/74762908/)
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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.
But isn't that the ordinary Android gallery? Isn't that all bull?
Yes, the standard Android gallery is what was said to violate the patent. It's a ridiculous patent but that's something that can be fixed easily.
So basically lots of phones are violating that patent. Greeeatt…. Aren't patents supposed to help inovation? I think I should register some patents myself.
Apple can't compete so they will just continue to sue…. this alone should deter anyone from purchasing apple products. I did so years ago and have never been happier, especially my wallet. Why pay more for outdated technology and locked down equipment.
Simple fact is apple can't compete with an open source project that allows developers to excel past what apple can come up with.
What's next will they sue people for eating apples?
Apple losing ground in front of Samsung!