THE FRUIT THEMED Apple has won a patent skirmish as a Dutch court ordered an EU-wide preliminary injunction against Samsung Galaxy smartphones.
At Apple's request the Dutch court today issued an EU-wide preliminary injunction against Samsung's Galaxy S, Galaxy S II and Ace smartphones, but not the Galaxy tablets. The ruling follows a hearing held on 10 and 11 August.
Last week, we reported that Apple was demanding that Samsung's entire line of Galaxy branded devices be banned in Europe with a recall.
This meant that what initially was Apple's request for a ban on just the Samsung Galaxy Tab 10.1 became a broader attack on any device under the Galaxy name, including the flagship Galaxy S II.
The cappuccino company was granted a preliminary injunction against the Galaxy Tab 10.1 in all European countries apart from the Netherlands, stopping Samsung from selling the tablet. However that ban has since been partially lifted for countries apart from Germany.
According to the FOSSpatents blog, the latest EU-wide ban applies to countries in which one particular European software patent is valid.
The status of that patent varies between different countries but it appears to apply in the UK. While the patent was originally designated to more than 30 member countries of the European Patent Organisation, apparently there are many countries in which the application wasn't recognised as a valid patent because Apple "didn't make the necessary administrative effort and pick up the related costs".
Those countries include Austria, Belgium, Czech Republic, Estonia, Greece, Iceland, Italy, Latvia, Lithuania, Portugal, Romania, Slovenia, Slovakia, and Spain.
In legal terms, the order does not bind Samsung's Korean parent company, only three Samsung subsidiaries registered in the Netherlands, with respect to other countries than the Netherlands.
The FOSSpatents blog adds, "It is my understanding that Samsung's European logistics use the Netherlands as the primary hub. If Samsung's Korean parent company wants to exercise its freedom to ship into other European countries despite this injunction, it will have to reorganise its logistics chain in Europe accordingly."
The decision was due before 15 September and will take effect in mid-October, if Samsung doesn't get it stayed or reversed on appeal. µ
Tags: Hardware
No country in europa had the 'concept patents', you could not patent all the BS people can in the US, and now suddenly all EU countries have the US crap? And not only that but we suddenly have a EU wide patent? I thought that was a concept in the early stage of discussion, and possibly would never come to fruition (pardon the pun)?
Incidentally. apple is known for putting all company patents under jobs his name when filing, and now that jobs is so ill he had to step down as CEO I wonder what that means for the future of such cases.
Perhaps being 'jobsed' will become a entry in the dictionary, next to 'patent trolling'.
Apple's flimsy devices look so old and tired in comparison to Samsung's sexy beasties.
No wonder they are resorting to such desperate measures.
If you're too dense to use Ubuntu an iPhone will be the ideal 'smart' phone for you, it is deliberately targeted at the mentally deficient.
Or better yet as already stated, OS News.
You're creating panic with such a story and such a headline, all of it non-existent.
BTW, I miss the Mageek too!
THis will actually stop you from purchasing Galaxy phones.
The phones were banned because of the way Android 2.x handles photo scrolling in the photo manager. Samsung is replace the app on all phone before the ban goes into effect in mid-October. So the phones aren't really banned. All owners of Galaxy products with 2.x will get the update.
See http://www.osnews.com/story/25098/Apple_Scores_Meaningless_Dutch_Court_Victory_Against_Samsung for more information. I really miss Mike Magee. The Inq was so much more thorough when he was around. :-(
If the idiots at apple think this will win them sales then they are even more stupid than a business trying to run on Ububtu!
No way would I hand back my phone just because some overpaid dutch magistrate has no understanding of patent law and is probably using free apple products.
I would rather work without a phone than submit to will of jobs mob.
I am not an iSheep
I don't care what the Dutch courts say about a recall. I will not be handing back my Galaxy S2 under any circumstances. May buy a few more, everyone knows when something is illegal the price goes up lol.
Apple just can't compete on innovation alone. They just have to go after Samsung, eh? Well, this is far from over.