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Ban on Sale of Samsung Galaxy Smartphones in EU Set for October 13th

Last week, we noted that a Dutch court was weighing an infringement claim by Apple against Samsung over the Galaxy line of smartphones and tablets, with Apple requesting a complete ban on the sale of Samsungs products in the European Union. A decision in that case was to be handed down on September 15th.

FOSS Patents and Tweakers.net [Google translation] now report that the case has been decided ahead of that timeline, with the judge ordering that Samsung's subsidiaries be banned from selling Galaxy smartphones (but not tablets) in many European Union countries as of October 13th. The ban applies to the Samsung Galaxy S, Galaxy S II, and Ace phones.


Figures from Apple's photo-swiping patent judged infringed upon by Samsung

The judge's decision was relatively narrow compared to the claims brought by Apple, which included a number of assertions that Samsung had copied Apple's product designs and functionality. The judge rejected most of those claims, finding only that Samsung had violated an Apple patent related to using swiping gestures to switch between photos in a gallery application. The ban will apply in any country where that specific patent is valid, although documentation suggests that the patent has lapsed in a number of countries due to a failure by Apple to provide necessary documents or fees.

Top Rated Comments

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41 months ago
I swipe my butt after i go for a #2, should I be concerned?
Rating: 39 Votes
41 months ago
Please no more patent wars!
Rating: 32 Votes
41 months ago
Yeah, it's pretty pathetic that they're doing this. This is not good at all for the consumers - I actually wanted to buy a Galaxy S2.

This is totally anti-competitive behavior. I love your products Apple, but I'm really starting to hate you as a company.
Rating: 26 Votes
41 months ago
Next in the news, iphone and ipad shortage due to "production issues" at samsung's chip fabs.
Rating: 24 Votes
41 months ago
Should we be concerned by this guy's photo library? If I'm not mistaken, we have a photo of two people strapped to the ground in the first photo, and an oncoming train in the second.

Well, creepy patent pics aside, I have to say this is getting pretty silly. How different is swiping left and right to scrolling up and down? Enough to award a patent and ban the sale of phones? Seriously??
Rating: 21 Votes
41 months ago
I'm not certain that I understand the objection to protecting one's patents. If you invent something, whether or not everything thinks that it's great and, in hindsight, obvious, why should you not have the opportunity to get credit, income, and rights to your work?

If every invention and concept becomes eminent public domain, what incentive does anyone have to invent anything in a capitalist market economy? If Apple invents an iPad and then everyone hops onboard it's knockoff clone Andriod products and, by doing so, these clone companies devalue the iPad and it's creation, what incentive does Apple have, to pour money into whatever will replace the concept of the iPad? If what you want is an iPad, give your money to Apple who invented it. Not to the companies that have nakedly cloned it.

Furthermore, why wasn't this a problem with the iPod? Different companies came up with different competitive designs and had an equal opportunity to compete with Apple's innovative music and media device.

While there devices that resembled the iPod more closely than others, it would not be credible to claim that anyone copied the iPod as closely as the Galaxy-Andriod tablets infringe on Apple's iPad.

I support Apple's rights to protect their invention and the rewards reaped through their innovation.
Rating: 18 Votes
41 months ago
The problem is the whole patents system. They grant patents on trivial things. This is the root of the problem.

They basically have a patent on natural moves (i.e. that's how you turn pages with a physical book) that should not have been granted in the first place.

This is as stupid as patenting that when I move my mouse left, the cursor on my screen goes to the left. :rolleyes:

Imagine having to know that when I'm on an Apple device, moving the mouse to the left moves the cursor to the left, but on Windows moving the mouse to the left moves the cursor to the top, etc. That is what's going to happen with all those patent wars. Different interfaces depending on which company made it. It's insane.

But right now, like it or not, there is a patent system. So if I were Apple, I'd patent all the "touch" moves so that nobody else can lock them away and then give free licenses to anyone who asks. No fees or minimum requirements, as long as you make the standard moves work in the way people would expect them to work.

That's how standards are made.
Rating: 17 Votes
41 months ago
This isn't about the design of the phones. Most of Apples claims have been dismissed. Its about swiping left and right to see the next photo. Which is nothing to do with Samsung.
Rating: 14 Votes
41 months ago

It's funny, because everyone is passionate about their opinions and devices, yet I think people miss what is staring them in the face.


I agree.

While Apple sat back for years waiting for the right moment to cash in on other people's work, phone makers were producing billions of devices that people around the world could afford, which lowered phone chip and customer plan prices and gave carriers the funds to create a worldwide infrastructure.

Also in the meantime, Google was using the millions of pre-iPhone GPS-equipped smartphones to create a cell id location database that the iPhone would later rely on for years.

During 2006, many all touch screen concept devices were shown. The time was ripe, but most makers were stuck:

The big difference at the time of the iPhone introduction was that Apple had no legacy phones to stay compatible with. No apps relying on super low resolution screens, with slow CPUs and little memory.

However, that freedom doesn't last forever. Now it's four years later, and Apple is likewise greatly hogtied to the screen resolution and base UI of its own legacy devices.

Apple deserves all the credit in the world for putting previous inventions together in a beautiful way. But they didn't create the iPhone in a vacuum, and they certainly could not have succeeded without standing on the shoulders of their competitors who had created the smartphone market and necessary infrastructure over a decade of hard work and billions in investments.
Rating: 14 Votes
41 months ago
Thank God FORD didn't patent the steering wheel! Or did he??? :eek:
Rating: 12 Votes

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