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Netherlands judge rules Samsung Galaxy S, S II violate Apple patents, bans sales

171 points| bond | 14 years ago |engadget.com | reply

137 comments

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[+] yaix|14 years ago|reply
What's with the headline?

Samsung does not violate Apple patents, it just violates one patent.

And sales are not banned, they are just to be banned (in more than a month's time), if Samsung does not make changes.

But it made me click through, which is probably what all those inaccuracies had been introduced for.

[+] biot|14 years ago|reply
Headlines are written for brevity and to get you to read the article. However, you'll note the corrections made to the article indicate the original version said that Samsung violated other Apple patents and that the ban was immediate. Only once the Dutch was properly translated did the corrections render the headline a bit off.
[+] jonknee|14 years ago|reply
... Because it was multiple patents. And because a ban was indeed made (with a fairly standard delay enabling them to change the product).
[+] kayoone|14 years ago|reply
This is so ridiculous. I cant decide between a S2 and a Iphone 5 anyway but this makes me lean heavily towards the Samsung device. Patenting the way to unlock a phone via dragging an image ? God, i need to puke.
[+] wladimir|14 years ago|reply
This is indeed ridiculous.

I've always been pretty neutral towards Apple but I this is just appalling. Seemingly they cannot compete with Android in the normal way so they try the patent troll angle. I hope this backfires on them big time.

I don't want to live in Apple's locked-down walled garden.

[+] SoftwareMaven|14 years ago|reply
Just remember Apple is being sued as much as it's suing. Yes, it is disgusting business practice across the industry, but nobody is immune and nobody is pure. Apple gets the most air time because they are Apple.

Take some of your anger and let your representatives know how sick the patent system is. Then do it again and again. We need to get the message to them!

EDIT: Yes, this case is Europe, but if America became more intelligent with patents, Europe, who already is more intelligent, would likely follow.

[+] chaostheory|14 years ago|reply
Yeah I'm part of the Apple cult, but if Apple keeps this legal circus up, as much as I'd hate to, I'm probably going to leave it.
[+] wtallis|14 years ago|reply
If this litigation influences you against Apple and in favor of Samsung, then you must either think that Samsung is a more ethical company, or you are holding Apple to a higher standard. I think you'll find that neither position can be logically justified.
[+] microtonal|14 years ago|reply
Given that the ban starts only on October 13 and Android 3.0 does not violate the relevant patents (according to Dutch news sites). Couldn't Samsung just update the firmware in the meanwhile to change the behavior of touch-based photo browsing to whatever Android 3.0 uses?

Edit: according to the judgment summary the Galaxy Tab does not violate said patents.

[+] MicahNance|14 years ago|reply
Based on how long they took to upgrade the Galaxy S (Captivate) to 2.2, no. That may have been mostly due to AT&T's involvement, though.
[+] pkandathil|14 years ago|reply
There were the violations by Samsung of the Apple patent:

EP 2,058,868 - method of scrolling / browsing gallery;

EP 2098948 - recording a "flag" in connection with multiple screen taps, of which Samsung would use the system by using Android 2.3 or later version;

EP 1,964,022 - method of "unlocking" of a portable device through the touch screen an "unlock image" in a way to drag.

Patenting phone unlock and how to browse through pictures is a douche move.

[+] sjs|14 years ago|reply
Yeah, it is a dick move. At the same time if it moves the whole industry forward then it's good for us as well. Mixed feelings.

Do you remember how we unlocked phones before the iPhone? On Nokia phones it was Menu, * which was great but my mom never remembered to use it and was always pocket-calling me. I promise you that problem has not occurred since she got an iPhone. The first time I saw slide to unlock I was amazed, yes over such a small thing. And it's a great example of why I like Apple's products. They take the time to find good solutions to common, everyday problems.

Now everyone uses slide to unlock. I like competition as much as the next guy but it's hard to see how most of Apple's competition is not riding on their coattails with Android. We all know what Android was going to be prior to the iPhone's release, a BlackBerry wannabe.

Microsoft is notably not just copying Apple. HP/Palm also. Mostly just the Android OEMs who seem to wish Android were iOS.

[+] martingordon|14 years ago|reply
The post says that Samsung was found guilty of violating 2,058,868, not the other two, and that 1,964,022 was rules to be null and void and Apple can no longer make claims in the Netherlands based on that patent.
[+] metachris|14 years ago|reply
That's pretty incorrect. The judge did find that Samsung only violated EP 2,058,868 - method of scrolling / browsing gallery, but not the other two. In fact EP 1,964,022 was declared null and void, meaning "Apple can no longer make claims in the Netherlands based on this patent".
[+] wgx|14 years ago|reply
>Patenting phone unlock and how to browse through pictures is a douche move.

But they did invent the "Swipe to Unlock" interaction did they not?

Previous to that it was always a clunky button combination (Menu + * on the old Nokia handsets) and this is an elegant alternative.

Why can't other manufacturers come up with a new, novel unlock method like Apple did?

[+] SnowLprd|14 years ago|reply
From an ethical perspective, I find Samsung's inability to innovate and subsequent willingness to carbon-copy the iPhone and iPad to be reprehensible and wrong. It's sad that Samsung seemingly can't come up with much original on their own.

From the perspective of fostering general innovation in the marketplace and increasing the greater good, software and design patents need to go bye-bye. Apple's just playing the game according to the current rules, and the current rules really need to change.

[+] nodata|14 years ago|reply
My G2 has a back button, a home button and an options button below the screen which takes up most of the device. An iPhone doesn't.

The battery is user replaceable. I can plug in an sd card. On an iPhone I can't.

On the G2 I can switch between recent applications by holding the home button. I can access the contents of my phone by using a web browser. I can sync without iTunes.

Doesn't sound like a carbon copy to me.

[+] Roritharr|14 years ago|reply
This is simply untrue. The Galaxy S2 is much more feature-rich than any iPhone to Date. The Voice Control and Speech-To-Text Functions are outstanding. The HDMI Output via MHL Port is useful, i've used it as a backup for holding a presentation once now and was glad that it was possible... there are so much features i love about this device that i can't fathom why someone would say that Samsung isn't innovating...
[+] hessenwolf|14 years ago|reply
I find my Samsung Galaxy S really different to the iphones I have tried, and to have a similarity to the samsung netbook I have kicking around at home. These patent infringements seem absurdly minor to me.
[+] stewbrew|14 years ago|reply
It could be a consequence of actually building a third of the iphone. (I know the above statement isn't exact.)
[+] jwn|14 years ago|reply
Can anyone speculate on the likelyhood of Apple getting such a ban enacted in the US? If it looks impending I want to order one before it happens.
[+] krelian|14 years ago|reply
If there is any chance that this will lead to some people in power realizing the ridiculousness of it all then it was all worth it.
[+] goombastic|14 years ago|reply
Companies should make phones completely without an OS and allow people to load them up with the OS of their choice. Something like Cyanogenmod on a blank phone would be awesome.
[+] hessenwolf|14 years ago|reply
I'd pay extra not to have to bother spending 8 weeks compiling gentoo.
[+] epaga|14 years ago|reply
Seems like the violations are software-only (slide to unlock for example), so an Android update by October 13 should solve their problem...or am I missing something?
[+] syjer|14 years ago|reply
What I don't understand is, if EU don't have software patents, how that ruling is even possible ?
[+] masklinn|14 years ago|reply
Slide to unlock was not found to be a violation.
[+] bonzoesc|14 years ago|reply
Do you think Samsung could get an update out in under two months?
[+] IsaacL|14 years ago|reply
International law is something I'm trying to improve my knowledge of. Can someone explain why it is that a judge in the Netherlands can block the sales of the Samsung Galaxy throughout Europe?
[+] speleding|14 years ago|reply
All the stuff shipped into Europe by Samsung (and by many other companies) goes through the Netherlands. If you ban import into the Netherlands you would need to route around it. Setting up an entire operation in another country is hard enough to make it unprofitable to do for a few models.

The Netherlands has Europe's largest port (Rotterdam) owing to its lucky geographic position at the end of the Rhine and Meuse, two of the largest rivers. Since transportation by boat is several times cheaper than rail or truck this has caused most logistics companies to set up shop there.

[+] ugh|14 years ago|reply
Because “European Union” is not just a name.

(At its core the EU is all about creating a common market. Harmonized patent law and enforcement is obviously a big part of that.)

[+] ConstantineXVI|14 years ago|reply
I'm not clear on if there's any direct effect on the rest of the EU from this ruling, however the Netherlands happens to be Samsung's primary hub in the EU. So even if the ban has no legal weight in other countries, Samsung would need to re-route their supply chain through another country to continue bringing their phones into the rest of the EU.
[+] mechnik|14 years ago|reply
The Netherlands is the Dutch uncle of Europe so naturally they are taken seriously throughout the continent. Kidding aside, I believe since the NL is part of the European Union the judicial rulings passed there apply to the other countries-members of the E.U..
[+] kenyan_komu|14 years ago|reply
Guess what I just invented a new way of opening my kitchen door, just press it with your butt. Now I'm going sue the remaining of you 5, 999, 999, 999 humans. Seriously though they say that the thing with th gallery is the default in android 2.3. So it is more like they are suing google? Its it time google sued someone for violating the mobile phone patent they acquired from motorola? they can do it in a small country like Nicaragua, u know, just to send a msg of intent
[+] unknown|14 years ago|reply

[deleted]

[+] scarmig|14 years ago|reply
There's also convergent evolution. Why should there be a patent for, say, swiping a phone to unlock it, or having a context-dependent touch keyboard? Even if they are actually innovative (which I'd argue aren't, but whatevs), if you've got a good design team, even if other teams copy you after you release, you still have half a year on them where your design team is pounding away on the next greatest thing. If If I got a patent on using color screens on mobile communication devices back in the 90s, should I be able to sue Samsung and Apple off the market unless they go to monochrome or pay me a bajillion dollars?

Also, Google and Apple have been doing this back and forth? Really? Cite, please.

[+] spot|14 years ago|reply
1) Copying is good. Being different for its own sake is confusing and wasteful.

2) Back and forth? Show me where Google has done this.

[+] davedx|14 years ago|reply
[+] Tyrannosaurs|14 years ago|reply
That article makes the interesting point (which I'll repeat here for those who can't be bothered to read it) that Samsung logistics use the Netherlands as a hub for Europe.

While the ban doesn't stretch across Europe, they would have to change that to get devices into other European countries.

[+] iamdave|14 years ago|reply
So does anyone know if Samsung's decision to bring Cyanogenmod aboard was prompted by the events leading up to this? Any links/reading/conjecture on the matter?
[+] reddit_clone|14 years ago|reply
Didn't apple do a blatant rip off of Android notification center concept?

I didn't see any outrage from Apple fanboys then.

[+] cheald|14 years ago|reply
Well, you see, Apple never steals ideas, they just invent them out of chronological order sometimes. </snark>
[+] Astrohacker|14 years ago|reply
Patent laws should be ignored. Run your company pseudonymously, and violate patents all you want. No one will be able to stop you.
[+] Jun8|14 years ago|reply
I think this will be a minority report but:

Although I hate Apple's heavy-handed approach to this, I also like the message that this sends to Asian companies, who have quite a cavalier approach when it comes to "borrowing & adapting" the designs and innovations from others. The list is long and is by no means limited to Apple: Routers from Cisco, phone designs from Motorola, etc. etc.

It may be impossible to properly enforce copyright and trademarks in China and other neighbors but at least this shows that Europe may be a different battle ground.

[+] nkassis|14 years ago|reply
This to me feels different than fake cisco gear. In the case of the fake cisco gear they are built to look and pass for cicso gear even running stolen copies of cisco catalyst and IOS software. Samsung isn't claiming their phone is an iPhone. You can tell they are different and the OS looks different. Customers are not getting fooled into buying Samsung phone thinking it's a real iPhone.
[+] wmf|14 years ago|reply
BTW, in this case it looks like Google (you know, from California) is doing the copying. Samsung is just shipping it.
[+] guywithabike|14 years ago|reply
I'd love to hear from people who are downvoting you. Why are they downvoting you?