Apple granted injunction halting EU Galaxy phone sales

A Dutch court has granted a preliminary injunction, filed by Apple, which bans the sale of some Samsung smartphones in the European Union. While the injunction does not relate to the Galaxy Tab line of Samsung tablets, it does prevent the sale of the Galaxy S, Galaxy S II and Galaxy Ace Android devices. The decision was made after the hearing held on August 10 and 11.

As FOSS Patents points out, the injunction only applies to countries where one specific European software patent applies. It also does not restrict Samsung’s Korean parent company from distributing devices outside The Netherlands, however this will be difficult due to Samsung using the country as a hub for shipments to the rest of Europe.

The decision will come into effect in seven weeks; however Samsung will no doubt appeal this injunction. Also worthy of note is that FOSS Patents mentions that “at a first look it seems that the court has a skeptical perspective on a couple of the software patents asserted by Apple.”

This is the second preliminary injunction that has been granted in favour of Apple and against Samsung in the EU – the first being the ban on the Galaxy Tab 10.1 granted by a German court. Since then, the ban has been temporarily lifted as evidence has been reportedly falsified by Apple and Samsung has claimed that the iPad design could be derived from the film 2001: A Space Odyssey.

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I had a samsung fascinate which was was pretty good (for an android phone) and it kinda was a ripoff of ios any way you slice it.

It is meaningless victory for Apple, Samsung just need to push update to their devices before mid-October, replace the Gallery app which is the only part it violated Apple's patent...and that's it. Judge actually stated that 2 of the 3 patents are invalid, which means, Apple essentially lost 2 patents in its portfolio. I guess more like a win for Samsung.

Going to be unpopular on this site, but **** Samsung. Interface was a complete lift and the 2001 reference is grabbing at straws BS.

/also, I don't give a ****

The US tech companys cant accept they not always the best. They behave like small children.
Thats why they are a laughing stock in the rest of the world. They used to be the no 1 market but China have taken that place.

Check this editorial on Gizmodo
http://gizmodo.com/5833924/we-...-apple-wins-the-patent-wars

Im still confused to why Samsung is being sued for the software side of things, should that be Google?

While Im not a fan of what Apple is doing, you gotta give them credit, they did come up with some new ideas like the swipe to unlock. on of the patents applies to the way Apple did it directly and it can easily be changed by Google.

wv@gt said,
Check this editorial on Gizmodo
http://gizmodo.com/5833924/we-...-apple-wins-the-patent-wars

"The only infringement claim upheld by the judge concerns patent 2.058.868, which covers scrolling through a collection of photos in full screen, and more specifically, how the photo bounces back after too short a swipe..."

Yep. Gotta give Apple credit.

Im still confused to why Samsung is being sued for the software side of things, should that be Google?

While Im not a fan of what Apple is doing, you gotta give them credit, they did come up with some new ideas like the swipe to unlock. on of the patents applies to the way Apple did it directly and it can easily be changed by Google.


Lulz... Apple files a lawsuit. Apple wins the lawsuit. But Apple is still in the wrong...

Nice logic people. Clearly there is more "Apple-hate" than intelligence here...

I'm glad none of this nonsense goes on in Canada. I have yet to hear anyone try to block sales of anything here... although there may have been one or two with RIM a while ago but I don't remember.

They are still selling the S2 and S series here

But yes this is absolute hogwash and Apple needs to be stopped.

LOL and since Apple must be doing like 70% profit on their Laptops and Computers, they can keep doing this forever!

dhruva said,
One of these days I'll patent BREATHING (all in all nose mouth or @$$ he he) and i'll let everyone die. Dont breathe its patented.

Patent wouldn't be granted because it is already in the public domain.

ILikeTobacco said,

Patent wouldn't be granted because it is already in the public domain.

Really? Because I am sure putting my finger on the edge of a page and swiping left or right is pretty much something humanity has been doing since before the dark ages. But because it is on a different media, Apple gets a patent on that.

dhruva said,
One of these days I'll patent BREATHING (all in all nose mouth or @$$ he he) and i'll let everyone die. Dont breathe its patented.

Do you even realize what you're rambling about?
Perhaps get some basic comprehension of the situation before allowing garbage to fall out of your mouth...

This article misses a lot of important details. All of the claims (including all the design and functionality ones) have been dismissed except for using swipe gestures for switching to the next photo in the gallery application. All Samsung and/or Google has to do is make changes to the gallery app and they will be able to continue selling these phones in the EU. If anything this seems like more of a victory for Samsung since it only applies to an app on the phone which is easily changeable vs. the phone design itself.

bl5585 said,
This article misses a lot of important details. All of the claims (including all the design and functionality ones) have been dismissed except for using swipe gestures for switching to the next photo in the gallery application. All Samsung and/or Google has to do is make changes to the gallery app and they will be able to continue selling these phones in the EU. If anything this seems like more of a victory for Samsung since it only applies to an app on the phone which is easily changeable vs. the phone design itself.

Swipe gestures for navigation should not be patentable. It's common sense. It's an idea Joe Blow could have come with. That would be like patenting this.

http://en.wikipedia.org/wiki/Hand_signals

LaP said,
Swipe gestures for navigation should not be patentable. It's common sense.

I agree. It's the same exact motion you make to turn pages in a book.

People need to start boycotting Apple. I mean is Samsung going to start going against Sony and LG because the TV's are slightly the same ? No that's what people want and people want some variety with the design.

If the phone was trying to act like it was an iPhone that would make sense. Like it had the exact same look, apple logos and so on.

I don't think anyone is going to get confused between a Samsung product and a Apple product.

I am sure apple isnt that much satisfied with this cause they wanted to ban the galaxy s2 and the tab.

Same here. Omnia 7 has its own Design and im loving mine.
But then again. It has a orb button like Iphone.. but the START ORB of win vista came before i think...
still.

i am a design guy and i think there is so much you can do to differentiate a BAR PHONE.
i mean id prefer a simple BLOCK SHAPE. And you cant patent that. If you can then its crap.
Also if Apple is so scared of competition then they should quit the market. The Android Galaxy phones are nothing like the iPhone except for one small thing. That is the 4 icons below which are placed like the iPhone with a background and dots above to swipe screens. But really??
how many more ways can you do that? swipe up down?? thats not easy for the finger with one hand. And put the icons on top? cant even do that it will be out of reach of thumb.
There are so many ways to do such a thing. And apple cant own that.

I believe its all crap!. And all the respect i had for Apple is fading away.

Zain Adeel said,
i mean id prefer a simple BLOCK SHAPE. And you cant patent that..

Don't be so sure. Everything can be patented.

x0as said,
So it's ok for Microsoft to want Motorola phones banned, but not for Apple to do it?

If Microsoft are doing it on some technical merit, and not cosmetic visual similarity that is based on images doctored by Apple.

dotf said,

If Microsoft are doing it on some technical merit, and not cosmetic visual similarity that is based on images doctored by Apple.

+1

I hate apple, but in this case, I think they have a point. Google and Samsung are just cloning the iphone, and making a bad job while doing it.

I'm loving my Samsung Omnia7, and no one can say that's a clone of anything in the mobile arena.

HighOnSoftware said,
I hate apple, but in this case, I think they have a point. Google and Samsung are just cloning the iphone, and making a bad job while doing it.

I'm loving my Samsung Omnia7, and no one can say that's a clone of anything in the mobile arena.

Except it's a clone of the iPhone!!

HighOnSoftware said,
I hate apple, but in this case, I think they have a point. Google and Samsung are just cloning the iphone, and making a bad job while doing it.

I'm loving my Samsung Omnia7, and no one can say that's a clone of anything in the mobile arena.

I also have Omnia 7, and It's the best phone I ever bought and even WP7 is way better than I thought.

neo158 said,

Except it's a clone of the iPhone!!

Uhhh ..no it isn't. It's a clone of nothing since its an original design like no other. You must be thinking of androicrap.

DudiQ said,
If they ban Galaxy S in my country I'll throw my ipod into a wall... and buy samsung mp3 player!

And this would prove? You already bought the ipod so Apple already has your money. They couldn't care less.

DudiQ said,
If they ban Galaxy S in my country I'll throw my ipod into a wall... and buy samsung mp3 player!

Dude however much you hate apple do not get rid of ur iPod. I used to have one if those samsung mp3s and it sucked. I'm no fanboy but trust me the iPod is way better. U also have iTunes to get music super easy

DudiQ said,
If they ban Galaxy S in my country I'll throw my ipod into a wall... and buy samsung mp3 player!

Dude however much you hate apple do not get rid of ur iPod. I used to have one if those samsung mp3s and it sucked. I'm no fanboy but trust me the iPod is way better. U also have iTunes to get music super easy

DudiQ said,
If they ban Galaxy S in my country I'll throw my ipod into a wall... and buy samsung mp3 player!

Dude however much you hate apple do not get rid of ur iPod. I used to have one if those samsung mp3s and it sucked. I'm no fanboy but trust me the iPod is way better. U also have iTunes to get music super easy

ILikeTobacco said,

And this would prove? You already bought the ipod so Apple already has your money. They couldn't care less.

Well if you put it this way... but at leat I don't but another one ;P

ILikeTobacco said,

And this would prove? You already bought the ipod so Apple already has your money. They couldn't care less.


Well if you put it this way... but at least I don't but another one ;P

Zeet said,
This doesn't make sense, most of Apple's hardware are samsung parts but are underclocked.

Exactly, seems like Apple need Samsung more than Samsung need Apple. I still think Samsung should tell Apple to **** off and find someone else to make parts for them.

neo158 said,

Exactly, seems like Apple need Samsung more than Samsung need Apple. I still think Samsung should tell Apple to **** off and find someone else to make parts for them.

Yeah, and another company would gladly love that because it would bring them lots of money...You would be an idiot not to take up Apple's offer.

neo158 said,

Exactly, seems like Apple need Samsung more than Samsung need Apple. I still think Samsung should tell Apple to **** off and find someone else to make parts for them.

If they did that, Apple would just find a new manufacturer and just keep on keeping on... It's sick and stupid, but Apple being a dick doesn't mean a damn thing when they're making your company a ton of money.

neo158 said,

Exactly, seems like Apple need Samsung more than Samsung need Apple. I still think Samsung should tell Apple to **** off and find someone else to make parts for them.

Not reallly...

Apple needs parts, Samsung needs money. There are no losers in that arrangement.

tsupersonic said,
Yeah, and another company would gladly love that because it would bring them lots of money...You would be an idiot not to take up Apple's offer.

Really? Do you think Apple will always be the 'king' of these markets or upcoming markets? A 3-4 good years does not make a solid outlook for a company, especially with products that have a technology plateau.

Samsung also has leverage with other companies that supply Apple. Maybe Apple thinks they can just engineer the components themselves. Which is what they try to do when they don't get their way. For example when Gorilla Glass didn't bend over and give Apple the technology, Apple reverse engineered the base scratch proof technology of Gorilla Glass for the iPhone4... However, they didn't go far enough to realize that part of what makes Gorilla Glass so durable is its flexibility, that Apple didn't mimic. Whoops, and hence how easily iPhones even with the new scratch proof screens shatter and crack easily. (This type of crap is when Apple Hardware became a joke in the late 80s as well, as their ego sent them down crazy roads and poor quality hardware. It is why even the fastest Macbooks and Pro Macs are the performance level of a mid-range PC. -The lackluster GPU alone is enough to realize this, let alone the goofy OS X scheduler that still has horrid funnel locking issues, where a 8 core Mac is often using 1 or 2 cores at the maximum. - reference the development of MySQL for OS X and threading issues on multi-core/SMP Macs.)

I blame Samsung and Google for this. I have no doubt this will eventually get resolved. I think it it could be good for industry. Samsung and Google will have to innovate. I know Samsung is working on a new skin for their phones.

Melfster said,
I blame Samsung and Google for this. I have no doubt this will eventually get resolved. I think it it could be good for industry. Samsung and Google will have to innovate. I know Samsung is working on a new skin for their phones.

Am I the only one who thinks its sad that we consider a new skin "innovative"? Wish companies would come up with something truly innovative instead of just continuing with the status quo. Would certainly keep them all out of this legal mess.

Melfster said,
I blame Samsung and Google for this. I have no doubt this will eventually get resolved. I think it it could be good for industry. Samsung and Google will have to innovate. I know Samsung is working on a new skin for their phones.

Apple fanboys, hahahahaha!

Tony. said,

Apple fanboys, hahahahaha!

I don't have Iphone or Android device. I am not happy with either device. I don't even have a Mac. I do have have a Windows 7 machine. I don't want any company to dominate the market. The truth is Skin they had on Android resembled the iphone to closely. I think they need to differentiate better..

Melfster said,

I don't have Iphone or Android device. I am not happy with either device. I don't even have a Mac. I do have have a Windows 7 machine. I don't want any company to dominate the market. The truth is Skin they had on Android resembled the iphone to closely. I think they need to differentiate better..


Doesn't matter. If you defend Apple at all, agree with anything they do, or don't worship Google, you are automatically an Apple fanboy.

Melfster said,

I don't have Iphone or Android device. I am not happy with either device. I don't even have a Mac. I do have have a Windows 7 machine. I don't want any company to dominate the market. The truth is Skin they had on Android resembled the iphone to closely. I think they need to differentiate better..

Really? Want to put this to the test?

http://store.shopfujitsu.com/f...ldseriesbean.do?series=Q550

http://h10010.www1.hp.com/wwpc...841267-3955550-4332585.html


These look even more like the iPad, where are all the Apple lawsuits against these products and the others like them?

If Apple is about defending their 'look' they MUST also go after these companies, but they WILL NOT...

Why won't they? Because these are running Windows 7, and Apple knows Microsoft would step in to stop Apple and help defend the OEM.

Samsung is vulnerable ONLY because Google has done nothing to help, and won't, and if they do, Apple would be delighted, as they would crush Android fully as it would become part of the lawsuit.

The whole 'looks like' the iPad is simply insane, as you will notice, one of the products in the link above EXISTED before the iPad. (And there have been several Slate TabletPCs running Windows for several years before the iPad, maybe not quite as thin or cheap, buy they exist and have existed.)


Also, the Samsung devices have their freaking name printed on the front of the device itself. You can't even say this about the other Slate computers out there or phones that are 'similar'.


So really, you might want to rethink this whole line of thinking...

Apple is trying to call out Google, and is trying to kill anyone they see as serious competition. Sadly, this will hurt Apple in the end, as Samsung is a big supplier and has a lot 'more' friends in the component industry than Apple. Samsung even makes crap for the iPhone and iPad, which is why Apple's EGO was hurt as well, which is a trend with making Apple angry, as they feel these are their 'slave' companies, and when they do something without Apple's blessing, Apple tries to kill them. (Reference Microsoft in the 80s - that created the business software that made Macs - also reference Motorola/IBM when they didn't kowtow to Apple's demands.)

Melfster said,
I blame Samsung and Google for this. I have no doubt this will eventually get resolved. I think it it could be good for industry. Samsung and Google will have to innovate. I know Samsung is working on a new skin for their phones.

I would say that Samsung is VERY innovative. Moreso than Apple could dream of being. In fact, A number of Samsung innovations are in the iPhone as a matter of fact...

I dont approve of what Apple does all the time but dont go blaming Apple for this.

Blame our flawed patent system that allows companies to do this. The patent system is broke and needs to be fixed.

Adamb10 said,
I dont approve of what Apple does all the time but dont go blaming Apple for this.

Blame our flawed patent system that allows companies to do this. The patent system is broke and needs to be fixed.

We would have never had this problem if Apple didn't stir the bee's nest. Don't get me wrong the patent system is broken though Apple IS to blame for this action.

MrChuang said

We would have never had this problem if Apple didn't stir the bee's nest. Don't get me wrong the patent system is broken though Apple IS to blame for this action.

Why are you singling out Apple? Samsung would and does do the same thing.

You infringe on a Samsung patent and see if they don't come suing you...

Adamb10 said,
I dont approve of what Apple does all the time but dont go blaming Apple for this.

Blame our flawed patent system that allows companies to do this. The patent system is broke and needs to be fixed.

Really? Apple is the reason the system is messed up. Go reference Apple vs Franklin, also look up 'look and feel' and who coined the term that is now legal precedent, and then look at numerous other lawsuits that Apple literally conflated aspects of patents and copyright and trademark. Even the Apple vs Microsoft lawsuits disturbed the patent and copyright laws and precedent - as the arguments against Microsoft were dismissed because of Apple's license with Microsoft - which they also tried to get contract law changed, but the additional lawsuits attached that went after HP and others that made software for Windows was a big issue, and why Microsoft kept fighting the lawsuit until they got Apple to stop going after the other companies in the 1997 agreement, where Microsoft also bailed out Apple.

I get tired of 'blame the system, not Apple crap' - take time to go look it up, Apple is the #1 technology company to have directly impacted and created the circular nightmare of the system.

Start here, and then do your own searches...

http://en.wikipedia.org/wiki/A...itigation#Apple_v._Franklin

thenetavenger said,

Really? Apple is the reason the system is messed up. Go reference Apple vs Franklin, also look up 'look and feel' and who coined the term that is now legal precedent, and then look at numerous other lawsuits that Apple literally conflated aspects of patents and copyright and trademark. Even the Apple vs Microsoft lawsuits disturbed the patent and copyright laws and precedent - as the arguments against Microsoft were dismissed because of Apple's license with Microsoft - which they also tried to get contract law changed, but the additional lawsuits attached that went after HP and others that made software for Windows was a big issue, and why Microsoft kept fighting the lawsuit until they got Apple to stop going after the other companies in the 1997 agreement, where Microsoft also bailed out Apple.

I get tired of 'blame the system, not Apple crap' - take time to go look it up, Apple is the #1 technology company to have directly impacted and created the circular nightmare of the system.

Start here, and then do your own searches...

http://en.wikipedia.org/wiki/A...itigation#Apple_v._Franklin

+1 Good post.

Julius Caro said,
So this thing.. does or does it not ban the sale of the things inside the EU, outside the Netherlands?

As far as I can tell, it bans the Europe division of Samsung from the sale of the devices in the countries where the patent applies. The parent company in Korea can directly distribute to Europe if they wish

DrakeN2k said,
My respect for apple is now 0.

Posted on my GALAXY S 2

Don't blame Apple. Blame the system. Everyone do it. Apple, MS, google. etc ...

The system is broken. As simple as that. Any programmer living from his own work will tell you that.

It's impossible these days to create something without getting sued by some patents covering general ideas Joe Blow would have been able to think of.

The patent system was created to protect people with breakthroug ideas not people with common ideas like storing data online or buying things online. All people as soon as they got internet for the first time in the nineties thought of that the technology was just not there.

LaP said,

Don't blame Apple. Blame the system. Everyone do it. Apple, MS, google. etc ...

I still blame Apple. They have always have had a choice and their choice has always been blatant profiteering in any way possible. Sure, every business exists to make profit but when you are that big I tend to think you also should have other obligations.

Breach said

I still blame Apple. They have always have had a choice and their choice has always been blatant profiteering in any way possible. Sure, every business exists to make profit but when you are that big I tend to think you also should have other obligations.

Like obligations to your employees, distributors, creditors, and shareholders?

LaP said,

Don't blame Apple. Blame the system. Everyone do it. Apple, MS, google. etc ...

Apple seems to be the only one doing it to annihilate competition, where as others do it for a profit. e.g. MS getting a share of profit from sales from certain companies, still leaves them in the market. This action doesn't affect consumers, removing competition does.

funkydude said,

Apple seems to be the only one doing it to annihilate competition, where as others do it for a profit. e.g. MS getting a share of profit from sales from certain companies, still leaves them in the market. This action doesn't affect consumers, removing competition does.

Apple is the only one the media talks about because it's an easy story. This has been going on for a while..

funkydude said,

Apple seems to be the only one doing it to annihilate competition, where as others do it for a profit. e.g. MS getting a share of profit from sales from certain companies, still leaves them in the market. This action doesn't affect consumers, removing competition does.

Apple is the only one the media talks about because it's an easy story. This has been going on for a while..

tsupersonic said,
How is Apple not being investigated for anti-competition practices?

Because nobody is these days.

funkydude said

Apple seems to be the only one doing it to annihilate competition, where as others do it for a profit. e.g. MS getting a share of profit from sales from certain companies, still leaves them in the market. This action doesn't affect consumers, removing competition does.

Do you not understand how lawsuits work?

Apple will settle the suit for a slice of profit just like MS did with Android...

DukeEsquire said,

Do you not understand how lawsuits work?

Apple will settle the suit for a slice of profit just like MS did with Android...

I'm no lawyer, nope. But what makes you so confident they will settle for that?

Chicane-UK said,
Absolutely laughable.

Its amazing they get away with this despite faking evidence with the german courts...everyones saying Blame the system, but apple is choosing to go down this route cause their devices arent even competitive, they got popular only cause there werent any before..but now theyre just toys at best

LaP said,

Don't blame Apple. Blame the system. Everyone do it. Apple, MS, google. etc ...

The system is broken. As simple as that. Any programmer living from his own work will tell you that.

It's impossible these days to create something without getting sued by some patents covering general ideas Joe Blow would have been able to think of.

The patent system was created to protect people with breakthroug ideas not people with common ideas like storing data online or buying things online. All people as soon as they got internet for the first time in the nineties thought of that the technology was just not there.

1) Actually you can blame Apple - Go reference computer/technology copyright and patent law. Apple lawsuits have molded the entire system. Start with Apple vs Franklin and how it created the concept of 'software' copyright and then follow it through time to this ruling. From trademark, patent, copyright to even new definitions conflating each of these legal protections to where they are almost worthless.
(Even Carl Sagan was so offended by Apple's duplicity, that when a product at Apple used his name as a code-name, he sued them. Apple being Apple, renamed the project BHA (Butt-Head-Astronomer)... Nice uh?) Of course Sagan was only one of the smartest people in the last 100 years, so I'm sure he just didn't understand Apple's brilliance, right?

2) No, not everyone DOES THIS. Microsoft has rarely pursued offensive litigation, and never has pushed to kill a product, as Apple is doing.


Apple is the reason the legal system is so messed up, it was only when they were the 'poor' company did they not pursue a ton of crazy litigation. In the 80s when Microsoft was worth pennies in comparison to Apple, Apple sued them and everyone else that hurt their 'ego'. Now that they have money set aside and are not struggling, they have resumed their old crap of bullying through lawsuits. Notice they aren't suing other 'Tablet' makers that look even MORE like the iPad. Do you wonder why? Because the other tablets that look like an iPad (some designed before the iPad was introduced even), are Windows based Slate computers. And Apple knows Microsoft would help defend the hardware maker, and their ego is not quite big enough to buy their own crap to believe they could hold a candle to Microsoft in a true 'patent/copyright' lawsuit anymore.

tsupersonic said,
How is Apple not being investigated for anti-competition practices?

Defending a patent isn't being anti-competitive. I know that's the spin Google is trying to sell people on, but it ain't so. I'm sure that if Apple is found, in court now, not public opinion, to be filing frivolous claims, I wouldn't be surprised if they get some lawsuits thrown their way.

DukeEsquire said,

Do you not understand how lawsuits work?

Apple will settle the suit for a slice of profit just like MS did with Android...

I wasn't aware that Apple was in negotiations with Samsung.

Chicane-UK said,
Absolutely laughable.

Yeah. How in the world do you get caught submitting fraudulent documents to the court TWICE and then get an injunction? That's just insane.