Chris SmithEarlier in the day, a Dutch court awarded Apple an injunction banning three Samsung Android handsets — the Galaxy S, the Galaxy S II and the Galaxy S Ace — from sale across the European Union because they were found to infringe on the iPhone maker's patents.
The news comes two weeks after a German court sided with Apple and ordered a similar injunction against a different Samsung product, the Galaxy Tab 10.1 — an Android tablet that was similarly found to be in violation of Apple iPad-related patents.
The news, combined with the recent German ruling, is likely to pressure Samsung into pursuing “a global settlement" with Apple that would bring immediate closure to the matter,  RBC analyst Mike Abramasky told clients in a brief report.
As it stands, the Dutch ruling threatens to impact Samsung’s smartphone sales across Western European, where it ships an average 3.5-4.0 million units per quarter.
Abramasky also noted various other approaches Samsung could take in fighting the latest injunction. For example, he said, the South Korean company “may appeal the ruling, attempt a redesign and workaround the patent, or may be able to adjust its distribution strategy to mitigate the injunction.â€
Apple and Samsung are currently involved in similar copyright and patent infringement suits in various countries, including the U.S., UK, The Netherlands, Germany, South Korea, Japan or Australia.
For its part, Apple in early August also secured a favorable decision in Australian courts, which prevented Samsung from selling the Galaxy Tab 10.1 across the continent.
At least one report has indicated that executives from both companies have been meeting in hopes of resolving the matter independent of the courts but no settlement has been reached.
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29 Comments
Thought I read that the ban was due to the way the photo gallery swipes to the next photo. Really, it's an Android feature and Samsung may have already stated that they plan on replacing the infringing software in time to avoid an Oct 13 ban.
Thought I read that the ban was due to the way the photo gallery swipes to the next photo. Really, it's an Android feature and Samsung may have already stated that they plan on replacing the infringing software in time to avoid an Oct 13 ban.
IMHO, if anything today's initial Dutch court ruling will prompt Apple to put more effort into a friendly settlement with Samsung. I imagine they prefer to avoid having a patent they're throwing at other Android handsets, "swipe to unlock", ruled invalid. And that's the likely outcome if they pursue it. Their legal strategy of use community patents to attack Samsung (and likely others) has already been put to the test and failed, at least for now.
So yes, today's ruling may increase the likelihood of a settlement out of court, but not because Samsung feels more pressure. IMHO it's Apple that might be realizing the need to put these issues to rest before a court makes a final judgement.
IMHO, if anything today's initial Dutch court ruling will prompt Apple to put more effort into a friendly settlement with Samsung. I imagine they prefer to avoid having a patent they're throwing at other Android handsets, "swipe to unlock", ruled invalid. And that's the likely outcome if they pursue it. Their legal strategy of use community patents to attack Samsung (and likely others) has already been put to the test and failed, at least for now.
So yes, today's ruling may increase the likelihood of a settlement out of court, but not because Samsung feels more pressure. IMHO it's Apple that might be realizing the need to put these issues to rest before a court makes a final judgement.
Was it therapeutic for you to fantasize about Apple eating humble pie?
IMHO, if anything today's initial Dutch court ruling will prompt Apple to put more effort into a friendly settlement with Samsung. I imagine they prefer to avoid having a patent they're throwing at other Android handsets, "swipe to unlock", ruled invalid. And that's the likely outcome if they pursue it. Their legal strategy of use community patents to attack Samsung (and likely others) has already been put to the test and failed, at least for now.
So yes, today's ruling may increase the likelihood of a settlement out of court, but not because Samsung feels more pressure. IMHO it's Apple that might be realizing the need to put these issues to rest before a court makes a final judgement.
Exactly this was a loss for apple.
Thought I read that the ban was due to the way the photo gallery swipes to the next photo. Really, it's an Android feature and Samsung may have already stated that they plan on replacing the infringing software in time to avoid an Oct 13 ban.
yep, all the "design" claims were rejected -
"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. 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 yes samsung is changing it - it is not the gallery but how it scrolls
"The ban has been based on the method of scrolling in the Gallery. If it is replaced, there is no reason to maintain the ban on selling," Samsung's lawyer Bas Berghuis of Woortman