Samsung to tweak Galaxy smartphones, dodge European sales ban

Legal

Samsung will upgrade its Galaxy S, Galaxy S II and Galaxy Ace smartphones in the Netherlands in an effort to get around an injunction that prevented its local subsidiaries from selling the devices. In August, a Dutch judge banned Samsung’s Netherlands-based companies from selling the aforementioned smartphones after ruling it guilty of infringing on Apple’s patents. However, the judge also said Samsung had until October 14th to make changes that would allow it to bring the phones to market. “We’ve fixed the technological problem and upgraded products to address the issue,” Samsung spokesperson James Chung told Reuters. “They will be shortly available for sale.” Samsung is locked in similar legal battles with Apple in the United States, France, Australia and Japan.
Read

23 Comments
  • http://www.vgchartz.com SuperChunk

    I really must know what patents they are actually breaking… its really annoying.

    • Anonymous

      do they have to make those details public? i know nothing of patent battles

    • http://twitter.com/GRZLA Grizzly Atoms

      The patent in question is how the Samsung Galaxy devices navigate pictures from a gallery. Nothing more, nothing less.

  • Zsolt or

    Potentially a lot of patents, just like EVERY ONES in the tech industry.
    patents are given too easily, financial institutes can buy tech patents, failed companies sell old patents, childish draws are used as patents… my idea of a dish is surely already patented ,even if it’s an original idea for me.
    Should change a lot in the game for we can see again real innovations…

    • http://identi.ca/LauRoman LaurenÈ›iu Roman

      I totally agree with you and i am against software patents, but the flipside of this is the way the bios clones were created. It was a very devious process carefully monitored by law departements of those companies. Any company saying that’s not true are either hypocrits or don’t know their company history that well.

      • Zsolt or

        Im not against soft patents.
        But should be reviewed by competent people, accepted only is real innovation is proved. How in the hell a simple draw can be patented? Was that the description of a working product?

  • Zsolt or

    Another disturbing truth about the tech world: A huge amount of code originate from the linux environment , EVERY one use them, it’s “open.
    The sames who attack  android and co over patents are the ones who use them MOST.
    Can we speak of hypocrisy??

    • http://identi.ca/LauRoman LaurenÈ›iu Roman

      It depends on the license, if the license is BSD, Apache and the like they have no obligation not to sue if the license doen’t include some kind of patent indemnification. This is the reason Apple changed the compiler from gcc to llvm.

  • Anonymous

    I see what apple did, they had nothing to sue over so they sued over some bullshit patent that they knew Samsung could change in a second. But all this is just to damage Samsungs brand and trick consumers to believe that Samsung is a copycat. I love Apple products but, what do they say? Let sleeping bears lie? Cause Samsung is like 5 times bigger than Apple and has a patent catalog 5 times more extensive and patents you actually can’t tweak in 1 second by just changing a variable. These are patents that can shut down businesses or at the least make people pay most of their profit.

    I don’t give 2 fucks though, but why can’t everyone just play fair? Samsung let Apple use their patents and Apple couldn’t let Samsung use a bullshit ass scrolling thing. I hope this doesn’t affect future iPhones, I’m not trying to go back to Android.

  • http://plus.google.com/108674524375052114820/posts David Abraham

    Not a big fan of software patents myself, however in this case it served as an effective punitive measure against a company that played it pretty dirty.

  • Anonymous

    Patents promote innovation and should be protected and enforced by the law and respected by the parties involved in the same industry or line of business. That is the whole thing why patent offices came about. RESPECT is when you acknowledged that you have copied something but willing to pay a reasonable amount of fee to use it. This is where Samsung failed. They are brazen in doing this – from hardware/UI design to packaging, and even marketing. And the interesting thing is they only copy Apple. Why not copy Blackberry, or Motorola or even Nokia? That tells us a lot. Are they suffering from p*nis envy? What a culture they have at Samsung!

  • Zsolt or

    Apple invented the box? Invented black and white? Invented any form? 
    Look on the early lcd and plasma tvs….can we claim that Apple copied the overall look and feeling of them? Yes.

    • Anonymous

      Nope they didn’t invent those things, nor are they bringing anyone to court for them. You are free to claim Apple copied whatever you want, if they did, the companies behind them would be doing the same thing as Apple. Which several have. Apple has had to pay up on more than one occasion.

  • Anonymous

    The Dutch court ruled Samsung infringed on ONE Apple patent for scrolling.  Samsung fixed that.  ALL of the other Apple claims were thrown out in that case. 

  • Zsolt or

    The majority of tech giants are integrator, not inventor…

    • Anonymous

      if you think that’s the case then you know nothing about samsung. They are are the IBM of the non governmental consumer markets

  • Anonymous

    What’s really sad about this whole situation is that Apple’s efforts will ultimately only result in tarnishing their image.  First of all, anybody who files a patent claim these days is seen as the bad guy.  Add to that the fact that they are suing over ridiculously generic patents that never should have been granted in the first place, and they look even worse.  Then, to top it off, the patents that they are finally able to enforce through court are so weak that the defendant can easily retool their design to work around the issue and continue selling their product, which means that Apple hasn’t really achieved anything at all.

    All Apple has accomplished is to make themselves look like a patent troll that tries to block the sale of any competing products that threaten their bottom line, instead of innovating to create the better product that consumers actually choose to buy. In other words, their actions clearly state that they are far more interested in stifling innovation than they are making their products better. Apple wants to tell consumers what they want and when they want it, and if stiff competition gets in their way at a point that would force them to work more quickly to improve their products in order to appease consumers, this is the response we get from them.

    It’s one thing to have a legitimate patent that somebody infringes on and profits from, but it’s another thing entirely to try to use legal technicalities to shut down the sale of your competitors’ products.  That is a very dirty business tactic, and Apple should be ashamed of themselves.  I honestly feel sorry for people who work for Apple to make an honest living and have no control over their underhanded litigation tactics, yet have to take crap from others for the dirty business tactics they’re employing.

    Note, I would make the above comments no matter who the company was that doing this. If Google or Samsung was doing what Apple is, I would say the same thing, and might very well choose not to use their products because of it.

  • Anonymous

    “Apple victory” is a little bit of an EXAGGERATION. Suing someone and winning  1/12 infringement of your claims (and a relatively minor and easily remedied on to boot), is a waste of time and money. Especially if the one you do win is with regards to a single app on the phone that’s made by Google not Samsung, in an action brought largely based on “look and feel/ trade dress” (i’e more the exterior and a few software elements). Not to mention that it didn’t have a significant affect on Samsung’s intended release in the Netherlands(i.e was not a sales ban, but a time limit to make relevant changes in the form of an update). 

    The judge specifically mentions (with regards to design) that “by having such a minimalist design, the iPad basically makes itself less viable for design protection,”

    Not only does it validate 11/12 claims which apple sought, the general precedent (on minimalistic design) can be used elsewhere in other jurisdictions choose to look at it in judicial reasoning. Terrible precedent for Apple. 

    So from a legal standpoint, it’s seems more like a MEANINGLESS VICTORY

  • Byebyeapple

    So all Samsumg did was make their icons bigger lol

    Good thing with Android you can customise your icons to make them the way YOU want…

  • ReOger

    Samsung stop copying Apple!!!! Sweating iOS.

    • http://www.facebook.com/aedebiri Airen Edebiri

      And the funny thing is that Apple straight jacked the notification systems from Android and WebOS. Granted they did make some modifications, but it’s pretty obvious where the new notification system came from.

      • Chris Park

        Seeing as Apple hired the guy from Palm who was responsible for designing the notification system in webOS, of course there would be some similarities…

  • Jcompguy

    Apple should never have been awarded said patents.  Only a crappy judge in a European country would uphold something so ridiculous.

blog comments powered by Disqus