Netherlands Judge Bans Sale of Galaxy S, S II in Court Proceedings

This just in, folks – a Netherlands Judge has ruled that Samsung does indeed infringe on Apple’s patents with the Samsung Galaxy S and Samsung Galaxy S II. With that, the ruling bans Samsung from selling or advertising both phones, as well as from selling the Samsung Galaxy Ace. It appears that the phones will be temporarily banned in all of the European Union.

According to the Judge, Samsung violates the following:

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.

In any case, a full report of the ruling will be made available shortly at De Rechtspraak. We’ll update with more information as it’s available. [via Engadget]

Continue reading:




  • Scotsman of Loch Ness

    Samsung does need to get rid of the iphoneish button it has on several of their devices.

    • Kuzon

      didn’t know a central button was exclusive for iPhone especially since iPhone didn’t have a centralized one first.

      • http://twitter.com/savagejeep SavageJeep

        Doesn’t help when Apple shows their app drawer and single button version in all court docs…

    • wakkoman

      Can someone explain what Samsungs button does? I have never used that device.

      Does it just send the user home? If it does, why the hell would they put that when they have the typical Android home button as well

    • jroc74

      Even tho Samsung has a phone, the F700 from 2007, with the large button like its using now on GS phones.

      Apple has no problem with the F700 and its button so none of us should either.

    • Eric You

      according to above, the button and tw has nothing to do with current patent infringments

  • Rob Reder

    A button makes it iphone-ish? I had no idea Apple held the rights to the button.

    • Brian Casserly

      Lame Obfuscation/Excuse. I don’t see any other manufacturers embarrassing themselves like this. I don’t know who the guy is at Samsung that apparently feels he got bent over by Steve Jobs but whoever he is….he refuses to let it go.

      • http://profiles.yahoo.com/u/VCBEBTYM2XLKT7WBH4OWJ5QUZ4 commonsenseplease

        brian, you should really stop while you’re ahead.

  • http://pulse.yahoo.com/_EF545LL7BGCJSGHMM5GZRMBQFE yahoo-EF545LL7BGCJSGHMM5GZRMBQFE

    People buy iPhones/iPads because they want the iPhone/iPad. People buy Android because they know better.

    • johnclavis

      They can’t buy what they want if Apple uses dirty lawyer tricks to ban the sale of the product in their country.

  • outkastz

    What a mess. This is the kind of stuff we need in a down economy.

    • spicymeatball

      Lawyers are hurting bad in this economy so of course they flock to the industry that is booming. Innovation chasers! There’s always a good patent lawsuit in industries that are innovating. Most technology today is building on the backs of giants but of course Apple would like people to think they invented the smart phone. I was introduced to smart phones and the concept in 1999 in college(yes smart phone was the term even back then), but some how Apple would like us all to think that a smart phone didn’t exist until the iPhone.

  • technohead95

    Forget the button, these patents cover “scrolling in the UI and unlocking a phone from a locked state” I’m sorry but these covers pretty much every single smartphone out there.

  • Brian Casserly

    And the judge is correct.
    Samsung is obviously ripping off the iPhone w/ the SII.
    Why do you think they switched up the buttons for the U.S. version: Because it would be downright blatant.
    I just can’t stomach a wannabe Apple manufacturer or wannabe iPhone product.

    • Guest

      Right because my old ass HTC Mogul didnt have a home button…ripping off who?

      • Brian Casserly

        You can’t be that stupid.
        Did it also have all of the other iPhone knockoff features as well?
        Nitwit.

        • Jim Ortmeier

          1. He asked a valid question. How is that stupid?
          2. “other iphone knockoff features” Ok, like rectangular with rounded edges, a thin form factor, a green phone icon? Whenever apple has shown there evidence in the trade dress documents, they remove the logo that says “Samsung” and show the galaxy’s app drawer vs. their homescreen. At this point any device that has the same screen ratio, with a button on the bottom, speaker on the top, and an android app drawer can look like the iphone/ipod. If they went homescreen vs. homescreen there would be no case.
          3. What none of the apples fans can seem to tell me is how getting their competition banned from the market is a good thing. Competition drives innovation. If they had their way and were the only smartphone alternative, tell me what do you think would happen to apples prices? How long would it take for them to add new features?
          4. I understand the need to protect intellectual property. If it happens, the company that’s infringing should pay a fine and/or work out a licensing deal with the company they infringed on. I am NOT ok with outright banning of companies. I think the reason apple is asking for bans rather than money is that way there is less chance of someone possibly adopting or switching to android if it is not there to begin with.

        • EarlyMon

          You may find the translation provided by one of our other posters here informative, I sure did.

          And flaming isn’t really necessary is it?

        • Guest

          Hahaha I love internet tough “Boys” …What’s with the name calling? Did Steve cut you off already? Nitwit…really? LMAO. I think your moms calling you for dinner son.

        • Ryan Suos

          As soon as you start name calling, your argument loses it’s appeal.

        • riffwaffle

          of course not..your doing the best job at it..ok dimwit

    • http://profiles.yahoo.com/u/VCBEBTYM2XLKT7WBH4OWJ5QUZ4 commonsenseplease

      I can’t stomach a fool who can’t read the article. This isn’t about hardware, it was about generic O/S actions. Wake up.

      I will NEVER buy an apple product after this. Poor, childish Apple.

      • Brian Casserly

        Haha The far more important issue (that this article piles onto) is Samsung’s desperation to produce phones that are iPhone knockoffs. But infinitely more entertaining to me is the fact that Samsung apologists imitate the exact same zombie psychosis that the iPhone fanboys operate with.

        Aren’t you all the least bit embarrassed and or ashamed?

    • http://twitter.com/Nizaris_ Vincent Powis

      they aren’t ripping anything Apple hasn’t ripped themselves from other ppl. gtfo apple f4g

    • riffwaffle

      moron…haha this is late but youll love the real translation dumbass…to apple stole more than any android company…

  • Marv Cox

    How is sh! T like that even patent-able?

  • King_James_The_Wicked

    Stop the insanity…

  • Go Hawkeyes

    Innovate? Nah, lets just sue. It makes more money in the short term. Who cares about the future!

  • MarcusDW

    Sucks for the Netherlanders. They can ban it here in the states right after I buy mine. Can you imagine the resale value??

  • Kuzon

    I didn’t know you could patent Scrolling and unlocking….

  • ewlung

    If you read specifically (in Dutch), the issue is with scrolling of photo in the Gallery application:

    http://tweakers.net/nieuws/76359/rechter-verbiedt-verkoop-samsung-galaxy-s-ii-in-nederland.html

  • ewlung

    This is the patent that is violated (according to the Dutch judge):

    http://tweakimg.net/files/upload/EP2059868B1.pdf

    This has nothing to do with the “likeness” claim.

    • Brian Casserly

      Which has nothing to do with the actual likeness reality.

  • ewlung

    Translated from the article in Tweakers.NET:

    The judge has Samsung found guilty of violating the European patent EP 2058868 which relates to Apple’s scrolling through a picture gallery. The court therefore imposed a ban on sales to the Galaxy S-, S II and Ace smartphones. This prohibition is in about seven weeks. The ban does not apply to the Galaxy Tab 10.1, which may continue to be sold so easily.

    “Essential for EP 868 is a (mandatory) bounce back after a first movement takes place. The Samsung smartphones Galaxy S, S II and Ace, this is the moment that one picture is zoomed. There is a second swipe required to the next picture, “describes the court the breach,” is different however for the moment judging by the Galaxy Tab 10.1 and 10.1v. Even when zoomed in the picture in the gallery can be the tabs directly to the next photo be browsed. There is therefore the Galaxy tabs not a ‘first movement’ is back after suspension in accordance with EP 868. ”

    Apple had in the lawsuit also claimed that Samsung infringed on two patents, the design rights and copyright infringement and that it is guilty of slavish (style) imitation. The court rejected all these points, however. The patented “swipe to unlock,” according to the judge also considered as not valid.

    Samsung can avert the ban on sale by a lawsuit demanding that the ban is not forthcoming. Then the matter may be settled in main proceedings. The probability that the sales ban is not coming, is small, says lawyer Milica Antic at Tweakers.net. “It is not often that the effect of a verdict in this case the ban on sale of smartphones, is suspended because an appeal is.”

    The sales ban applies in the Netherlands, but Dutch branch of Samsung may not copies of the S Galaxy, Galaxy II, Galaxy S Ace make more. It is unclear how much impact the ruling as the beginning on Oct. 13: The Galaxy S is hardly sold, while the Galaxy and Galaxy Ace S II probably around that time already have a successor for which the marketing ban does not apply.

  • http://www.facebook.com/people/Cris-Tate/1820221201 Cris Tate

    Stops copies me. No you stops copies me.

  • http://mitchs.co Mitch Samuels

    Im patenting the English language.

    • http://www.facebook.com/profile.php?id=708741524 Robb Nunya

      Too late. I stole the English language from the Americans, who stole it from England, and patented it, so now you owe me money for typing in my language. :p

  • http://twitter.com/Danny_Virring Danny Virring

    Google stealing or borrowing ideas… Isn’t that like the kettle calling the pot black.

    Apple copied the iPod from Kane Kramer, copied the MacOS “dock” from Acorn computers, Was sued by Burst.com and settled for the technology used in the iPod and iTunes, copied the iPhone from LG Prada, NeoNode, and Samsung F700, copied parts of iOS (like swipe to unlock etc) from NeoNode, Sued by Nokia and settled for patents related to GSM and UMTS standards as well as 802.11 WiFi technologies, Sued by Cisco and settled for using the “iPhone” name, copied the Finder icon from a Picasso painting titled “Two Characters”, copied the App Store from Jailbreak/Cydia, Sued by Personal Audio and lost for patents related to playlist implementation on the iPod. Personal Audio was awarded $8 million. Was sued by Mirror Worlds and lost for patents related to Cover Flow, Time Machine, and Spotlight features found in Mac OS X and iOS. Apple was ordered to pay $625.5 million to Mirror Worlds. And copied Android features that include Notifications, Wireless syncing, Tabbed browsing, New split keyboard, Open apps from the lock screen, and Over the air updates.

    • BrandoHD

      I’m gonna copy and paste the hell out of this

  • RitishOemraw

    I can’t believe this just happened. What kind of lame judge decided this….And this is my country? WTH??

  • http://twitter.com/Danny_Virring Danny Virring

    copied parts of iOS (like swipe to unlock etc) from NeoNode!!!!!!!!!!! this JUDGE IS AN IDIOT!!!!!

  • http://www.swornbrotherhood.com/ nemesys06

    If scrolling through the gallery is the primary patent the judge says samsung infringed, then wouldn’t a simple update to add arrows or a slightly different scroll setup get them out of legal trouble?

    • hi_hellothere

      Yes, the patent term is called a “design around”, that’s all anybody (including google) has to do to not get sued by apple by the way. Not sure why it’s taking them so long to finally change these minor details nobody really ‘needs’ on a smartphone.
      From wikipedia-
      Design around
      From Wikipedia, the free encyclopedia
      In the field of patents, the phrase “to design around” means to invent an alternative to a patented invention that does not infringe the patent’s claims. The phrase can also refer to the invention itself.
      Design arounds are considered to be one of the benefits of patent law. By providing monopoly rights to inventors in exchange for disclosing how to make and use their inventions, others are given both the information and incentive to invent competitive alternatives that design around the original patent.[1] In the field of vaccines, for example, design arounds are considered fairly easy. It is often possible to use the original patent as a guide for developing an alternative that does not infringe the original patent.[2]
      Design arounds can be a defense against patent trolls. The amount of license fee that a patent troll can demand is limited by the alternative of the cost of designing around the troll’s patent(s).[3]
      In order to defend against design arounds, inventors often develop a large portfolio of interlocking patents, sometimes called a patent thicket. Thus a competitor will have to design around a large number of patents.[4]

  • Guest

    Thank god. I am tired of companies stealing Apple’s ideas!

    • Guest

      Troll fails @ trolling…

    • Jody Schoolcraft

      Yeah exactly….I can’t wait for iOS’s next release with the pull down notification. So glad they created that on their own without ANY stealing from anyone. Cause Apple is purely a magical company with it’s own ideas, the great and powerful Steve leading the way…somebody pass me the Kool-Aid.

  • polarbehr76

    I hate what apple is doing, but who wants a plastic phone?

  • jroc74

    I think whats funny is the patents it says it infringes on. Notice no icons is mentioned, no hardware is mentioned..

    The icons and hardware…that so many folks made the argument about Touchwiz and the hardware being so identical to the iPhone…lol.

    But…the 1st and 3rd patent listed, isnt that gonna be part of stock Android? Especially the 3rd one?

    • eflat

      “isnt that gonna be part of stock Android”
      Now you’re starting to pick at the big picture. Consider now that Assle (I just made that up) has had an Army of lawyers on this strategy night and day for longer than we can imagine. This is absolute war in their eyes. The patent system is ridiculously broke and they see it as their absolute duty and honor to exploit it to the ultimate maximum. No doubt.

  • godrilla

    While apple might have won this round wait for the next samsung phone like nexus prime with android 4.0 will sell like wow, apple cant stop the rain just 1 drop!

  • Bernd das Brot

    Samsung will keep selling the Galaxy S II in the Netherlands;
    http://tweakers.net/nieuws/76361/samsung-blijft-galaxy-s-ii-in-nederland-verkopen.html

    Gallery app will be edited.

  • Drayon

    It’s becomming extremly stupid.
    The best part is however that the design patents where rejected.
    And software is “easier” to change than hardware / design.

    BTW, the country is The Netherlands, but the people who live there are dutch.
    So it’s a dutch judge, not a netherlands judge, just pointing out :p

  • http://www.facebook.com/profile.php?id=602761196 Dario Sucic

    All these damn judges are fucking retarded marmots.

  • http://www.facebook.com/profile.php?id=100000885395998 Joy Coleman

    Apple need to stop, it’s always drama. There is enough going on in the world to read about other than this bs. Apple want it all and I am tired of seeing and hearing about what drama they got going on. What goes around always come back around. Believe that.

  • Jawman

    You used microsoft clip art for that image, didn’t you

  • InspectorGadget80

    FUCK APPLE!!

  • Michael Venetiaan

    Would someone care to explain to me why it’s infringement when you build a sliding “Unlock image” into your phone,… But it’s legal to make software which does exactly the same thing!?