Aug 24 AT 12:45 PM Edgar Cervantes 29 Comments

Apple’s Dutch Oven: Samsung feels the heat

samsung-logo

Lawsuits have been popping up all over the world, but we honestly didn’t think Apple would be able to ban Samsung from entire markets. Apple is one of the main players in the patent wars, and it seems things are starting to look bad. While the idea of banning such devices from a whole continent seems unreal, Apple has accomplished just that. Sorta.

Dutch Court has ordered Samsung be banned from selling three Galaxy devices that infringe on a single patent Apple owns. These devices are the Samsung Galaxy S, Samsung Galaxy S II and the Samsung Galaxy Ace. This ban not only applies in the Netherlands, but these Samsung devices can’t be sold anywhere in Europe where the patent in question is recognized.

The patent at hand is number EP 2059868 and states the following:  “A portable electronic device with a touch screen display for photo management is disclosed. One aspect of the invention involves a computer-implemented method in which the portable electronic device displays an array of thumbnail images corresponding to a set of photographic images. The device replaces the displayed array of thumbnail images with a user-selected photographic image upon detecting a user contact with a corresponding thumbnail image in the array. The user-selected photographic image is displayed at a larger scale than the corresponding thumbnail image. The portable device displays a different photographic image in replacement of the user-selected photographic image in accordance with a scrolling gesture. The scrolling gesture comprises a substantially horizontal movement of user contact with the touch screen display.”

Honestly, this does sound more or less like most Android devices we’ve used. In fact, it sounds like most smartphones around. It’s definitely sad to see one of Android’s main manufacturers banned from the European Market, but Samsung is assuring that the fight is not over. All Samsung has to do is change the way that the gallery works. According to its statement, Samsung has until October 14 to send an update fixing this patent infringement. It should all be clear after that. We shall see what happens.

A spokesperson from Samsung states:

“Today’s ruling is an affirmation that the GALAXY range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our GALAXY smartphones to Dutch consumers.

This ruling is not expected to affect sales in other European markets.

Samsung has a proud history of innovation in the mobile industry. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world.

The ruling found no IP infringements by Samsung GALAXY Tab devices. It found that Samsung’s GALAXY S, GALAXY S II, and GALAXY Ace infringed just one of the 10 IP rights which were cited in the lawsuit.

The court ruled that Samsung Electronics Co. Ltd, the parent company, may not sell the cited products in the Netherlands. This does not affect Samsung Electronics’ sales in the rest of Europe.

The court ruled that Samsung’s Netherlands-based subsidiaries may not sell the cited products in the Netherlands, the UK, France, Germany, Finland, Ireland, Lichtenstein, Luxemburg, Monaco, Sweden, Switzerland until the cited single infringement is addressed.

The ruling provides a grace period until Oct. 14 to address the single infringement cited.”

What do you guys say? Is this a sign of bad things to come? Apple has already won one fight. Do you think Motorola’s patents will help Google support its manufacturers? Will we see some major changes on Samsung devices in the near future?

Via: Android Central

Source: FOSS Patents

Hello, I am Edgar Cervantes. I am an avid Android fan, and keeping myself updated on the topic is part of my daily life. I will always work hard to give the best of me to our community of Android enthusiasts, and I am very honored to be part of this ship. Hopefully we can all enjoy sharing our knowledge and opinions!

    Most Tweeted This Week

  • Mr.India

    Are you guys DUMB ? Apple just scored a meaningless victory.

    The judge has ruled that Android 2.x violates Apple’s 868 patent which covers scrolling through photos on a touchscreen. Only this one patent is violated – the complaints about two other patents as well as the design patents has been thrown out. In other words, the judge did not agree with Apple that Samsung is copying Apple’s design.

    The injunction only covers the Galaxy smartphones, since they run Android 2.x; Android 3.0 does not violate the patent in question, and hence, sales of the Galaxy Tab 10.1 can continue.

    In fact, only the Gallery application violates the patent in question, and Samsung has already stated it is going to replace this application on all new Galaxy smartphones from now on – sales won’t even be interrupted. In other words – two patents thrown out, design stuff rejected, and only one patent complaint upheld which will cause no harm to Samsung.

    Read here for MORE INFO and think twice before posting:
    http://www.osnews.com/story/25098/Apple_Scores_Meaningless_Dutch_Court_Victory_Against_Samsung

    • DroidSamurai

      More importantly, the judge actually stated that 2 of the 3 patents are invalid — which means, Apple essentially lost 2 patents in its portfolio.

      • Black Kristos

        Sadly, just the EP’s. The US office will probably do nothing of the sort any time soon.

  • Black Kristos

    Seconded. Your main post text contradicts the Samsung quote. Sales will not be halted anywhere and Apple will continue to lose these fights. Honestly, Apple doesn’t even care to win, all they care about is slowing down the release process and giving themselves a bit more mindshare in these markets.

    • RevSpaminator

      I’m guessing that Apple not only wants to slow the release process, they want to spread FUD in the hearts of other HW manufacturers who might be able to release sub $200.00 tablets by Xmas if they adopt Android.

      • Transient

        Have you seen the current $200 and under tablets? They suck. Bad.

  • AnonymousUser

    Apple is in denial & is desperate! Apple sees Android as a huge threat, so they will sue anything they see as a threat, including the popular Samsung Galaxy S line of phones.

    • Lick my feet

      lol apple gives a flying fuck – they are worlds no 1 and make more profits than oil companys, retarded black moron!

      • RMC

        You must not check the markets much…

        Apple, while mingling with the leader, has been behind Exxon for about the last 2 weeks now. Their 15 minutes of fame has already faded.

        • Staten Island

          You are uneducated! He was talking about profits, not market capitalization! Wow, you are dumb, probably a stupid ghetto kid from the bronx or even worse from Louisiana, Alabama, Mississippi or Alabama?

      • AnonymousUser

        First off, you sound like a racist, especially calling someone whom isn’t even black a “retarded black moron!” LOL

        Secondly, Where do you get off calling someone retarded when you can’t even spell or use proper grammar.
        Example: Companies, not Companys. Duh!

  • codesplice

    Apple is blindly throwing these patent claims around hoping that something will stick. This is apparently their only option, as they have proven that they would prefer to litigate rather than do their own innovation to remain competitive in the smartphone market.

    In this case, one tiny claim stuck – but just. Samsung will tweak the gallery ever-so-slightly and will continue to sell their devices. I wouldn’t say that it is a meaningless victory for Apple, but it definitely does not mean as much as it seems at first glance.

    Android developers and OEMs will continue to innovate, and will continue to win the “race” because they *can* still innovate. They haven’t thrown in the towel and opted for litigation instead of innovation; they will continue to succeed in the market.

    • cb2000a

      Sammy will probably change it for the better. This is how innovation works. And yes Apple is concerned about the Android train steamrolling them, but they need not be as there will always be people who like Apple products.

      • Futureboy

        Well Apple can stop worrying because according to the market share numbers, they’ve already been steamrolled.

        So c’mon now everyone… put your lawyers away and let’s all get back to innovating!

  • Josh

    I’m sorry, but this is all so stupid. I mean, really???????

  • petter
    • http://apple.com Steve Jobs

      LOL, you got me.

  • http://ArtisticAbode.com BetterWithRoot

    So a quick update OTA to fix the gallery? I’m sure they will fight the ruling, at the same time their programmers will be finding a quick fix until ICS comes out. Since Honeycomb doesn’t have the same gallery as the SGII. My guess is that ICS will keep the HC gallery when they make the “merge”.

  • triangle

    So apple won on one patent for photo management? Wow.

    Samsung should have plenty of time to remedy this. Let’s see what Apple does after that.

    Tim Cook on 7/19/11: “we love competition”

    Me on 8/24/11: “bullshit”

  • Tran Lang

    Shame on Apple. Thanks, MrIndia. After reading the article provided, I am really glad that nothing harm Samsung at all in selling the Galaxy devices. I think Samsung definitely will change the Gallery application, and they’ll be good to go again. The patents war started by Apple makes me love Android devices more and more.

  • muadhnate

    At this point its better just to update the photo gallery over any lawsuits. They got about 2 months to do so. If it’s really about this bounce back thing, the feature is so minimal no one will even notice.

  • http://www.facebook.com/profile.php?id=100002275344855 luiek20

    this doesn’t concern me, what i’m worried about is whats going to happen with the Motorola vs Microsoft lawsuit that popped up yesterday?

  • aj

    First off I hate apple. I didnt before but now i do. They alter the pictures to make there false claim and now they win a suit that pretty much encompasses most cellphones. No i dont think this a bad sign. Maybe for samsung but they can fix it. You i am concerned about moto thought. Cause some blogs brought it up and some didnt but moto is losing some of their cases therefore Google is now taking those possible if not already losses. So i hope google can do something about it or maybe moto wasnt using there patents properly or what but i really hope Google doesnt lose those suits that moto was losing.

  • http://goo.gl/tQ2E wwJOSHdo

    Go fuck yourself Apple! Fucking hate you! Even if Apple gets Android banned from being sold, I will NEVER have an iPhone or iAnythng period!

  • counsel

    … prior art. Didn’t the Treo 650 go this before Apple HAD a phone?… So much for good reviews by the patent office…

  • Lou

    The fanboy says, “Our innovation is gonna slow down dramatically since steve is stepping away from the ceo spot. We gotta try and prevent the competition from selling products asap. What are we gonna do without our brainwashing mastermind. Delay the iphone 5 we need more time to figure this out.

    Lol get off our site fanboys. You enjoy your iproducts as we enjoy our android and stop hating.

  • Rovex

    This is why Apple is a bad fruit.: Other companies have patents that cover the same features. Have they sued Samsung? NO, only Apple does this because Apple is a vile company.

  • Pjax

    Google should have patented the slide down notifications window shade. Take that iOS 5

    • Chirper79

      The problem with Google patenting Android, is that Android is OPEN SOURCE, and being Open Source, follows certain accepted conventions; and allows outside developers to add to/modify, etc., provided that they also follow those same rules. Patenting part of Android would then take Android to the same place that iOs is, troubled and not innovative.

  1. Mr.IndiaGuest 4 years ago

    Are you guys DUMB ? Apple just scored a meaningless victory.

    The judge has ruled that Android 2.x violates Apple’s 868 patent which covers scrolling through photos on a touchscreen. Only this one patent is violated – the complaints about two other patents as well as the design patents has been thrown out. In other words, the judge did not agree with Apple that Samsung is copying Apple’s design.

    The injunction only covers the Galaxy smartphones, since they run Android 2.x; Android 3.0 does not violate the patent in question, and hence, sales of the Galaxy Tab 10.1 can continue.

    In fact, only the Gallery application violates the patent in question, and Samsung has already stated it is going to replace this application on all new Galaxy smartphones from now on – sales won’t even be interrupted. In other words – two patents thrown out, design stuff rejected, and only one patent complaint upheld which will cause no harm to Samsung.

    Read here for MORE INFO and think twice before posting:
    http://www.osnews.com/story/25098/Apple_Scores_Meaningless_Dutch_Court_Victory_Against_Samsung

    • More importantly, the judge actually stated that 2 of the 3 patents are invalid — which means, Apple essentially lost 2 patents in its portfolio.

      • Black KristosGuest 4 years ago

        Sadly, just the EP’s. The US office will probably do nothing of the sort any time soon.

  2. Black KristosGuest 4 years ago

    Seconded. Your main post text contradicts the Samsung quote. Sales will not be halted anywhere and Apple will continue to lose these fights. Honestly, Apple doesn’t even care to win, all they care about is slowing down the release process and giving themselves a bit more mindshare in these markets.

    • I’m guessing that Apple not only wants to slow the release process, they want to spread FUD in the hearts of other HW manufacturers who might be able to release sub $200.00 tablets by Xmas if they adopt Android.

      • TransientGuest 4 years ago

        Have you seen the current $200 and under tablets? They suck. Bad.

  3. Apple is in denial & is desperate! Apple sees Android as a huge threat, so they will sue anything they see as a threat, including the popular Samsung Galaxy S line of phones.

    • Lick my feetGuest 4 years ago

      lol apple gives a flying fuck – they are worlds no 1 and make more profits than oil companys, retarded black moron!

      • RMCGuest 4 years ago

        You must not check the markets much…

        Apple, while mingling with the leader, has been behind Exxon for about the last 2 weeks now. Their 15 minutes of fame has already faded.

        • Staten IslandGuest 4 years ago

          You are uneducated! He was talking about profits, not market capitalization! Wow, you are dumb, probably a stupid ghetto kid from the bronx or even worse from Louisiana, Alabama, Mississippi or Alabama?

      • First off, you sound like a racist, especially calling someone whom isn’t even black a “retarded black moron!” LOL

        Secondly, Where do you get off calling someone retarded when you can’t even spell or use proper grammar.
        Example: Companies, not Companys. Duh!

  4. Apple is blindly throwing these patent claims around hoping that something will stick. This is apparently their only option, as they have proven that they would prefer to litigate rather than do their own innovation to remain competitive in the smartphone market.

    In this case, one tiny claim stuck – but just. Samsung will tweak the gallery ever-so-slightly and will continue to sell their devices. I wouldn’t say that it is a meaningless victory for Apple, but it definitely does not mean as much as it seems at first glance.

    Android developers and OEMs will continue to innovate, and will continue to win the “race” because they *can* still innovate. They haven’t thrown in the towel and opted for litigation instead of innovation; they will continue to succeed in the market.

    • cb2000aGuest 4 years ago

      Sammy will probably change it for the better. This is how innovation works. And yes Apple is concerned about the Android train steamrolling them, but they need not be as there will always be people who like Apple products.

      • Well Apple can stop worrying because according to the market share numbers, they’ve already been steamrolled.

        So c’mon now everyone… put your lawyers away and let’s all get back to innovating!

  5. JoshGuest 4 years ago

    I’m sorry, but this is all so stupid. I mean, really???????

  6. So a quick update OTA to fix the gallery? I’m sure they will fight the ruling, at the same time their programmers will be finding a quick fix until ICS comes out. Since Honeycomb doesn’t have the same gallery as the SGII. My guess is that ICS will keep the HC gallery when they make the “merge”.

  7. So apple won on one patent for photo management? Wow.

    Samsung should have plenty of time to remedy this. Let’s see what Apple does after that.

    Tim Cook on 7/19/11: “we love competition”

    Me on 8/24/11: “bullshit”

  8. Shame on Apple. Thanks, MrIndia. After reading the article provided, I am really glad that nothing harm Samsung at all in selling the Galaxy devices. I think Samsung definitely will change the Gallery application, and they’ll be good to go again. The patents war started by Apple makes me love Android devices more and more.

  9. At this point its better just to update the photo gallery over any lawsuits. They got about 2 months to do so. If it’s really about this bounce back thing, the feature is so minimal no one will even notice.

  10. this doesn’t concern me, what i’m worried about is whats going to happen with the Motorola vs Microsoft lawsuit that popped up yesterday?

  11. First off I hate apple. I didnt before but now i do. They alter the pictures to make there false claim and now they win a suit that pretty much encompasses most cellphones. No i dont think this a bad sign. Maybe for samsung but they can fix it. You i am concerned about moto thought. Cause some blogs brought it up and some didnt but moto is losing some of their cases therefore Google is now taking those possible if not already losses. So i hope google can do something about it or maybe moto wasnt using there patents properly or what but i really hope Google doesnt lose those suits that moto was losing.

  12. Go fuck yourself Apple! Fucking hate you! Even if Apple gets Android banned from being sold, I will NEVER have an iPhone or iAnythng period!

  13. counselGuest 4 years ago

    … prior art. Didn’t the Treo 650 go this before Apple HAD a phone?… So much for good reviews by the patent office…

  14. LouGuest 4 years ago

    The fanboy says, “Our innovation is gonna slow down dramatically since steve is stepping away from the ceo spot. We gotta try and prevent the competition from selling products asap. What are we gonna do without our brainwashing mastermind. Delay the iphone 5 we need more time to figure this out.

    Lol get off our site fanboys. You enjoy your iproducts as we enjoy our android and stop hating.

  15. RovexGuest 4 years ago

    This is why Apple is a bad fruit.: Other companies have patents that cover the same features. Have they sued Samsung? NO, only Apple does this because Apple is a vile company.

  16. PjaxGuest 4 years ago

    Google should have patented the slide down notifications window shade. Take that iOS 5

    • Chirper79Guest 4 years ago

      The problem with Google patenting Android, is that Android is OPEN SOURCE, and being Open Source, follows certain accepted conventions; and allows outside developers to add to/modify, etc., provided that they also follow those same rules. Patenting part of Android would then take Android to the same place that iOs is, troubled and not innovative.