Galaxy Tab Banned in Europe

[RockdaMan]

Originally Posted by Graham

The judge didn't appear to uphold...

Nice dodge.

I repeat:

All Apple needs is for one violation to be found and their import chain and their engineering teams are off to the races to make changes.

The cost of victory to profit ratio is going to swing against them.

[RockdaMan]

WIN!

(the judge ruled against us, but...)

WIN!

This is my next.com

[=X=]

Originally Posted by Sweetpea

The Galaxy S, S II and Ace aren't allowed to be sold anymore after october 13th.

Samsung has already stated this ruling is pretty much meaningless, since the company is going to replace the Gallery application on all Galaxy smartphones right away. The injunction won't go into effect until mid-October, so they've got more than enough time to change the software. "The injunction has been granted due to the method of scrolling in the Gallery. If that's replaced, there is no more reason to uphold the injunction,"
(more...)

Samsung plans on updated the Gallery before the Oct injunction takes place. So in effect sales of Galaxy S will remain unaffected.

=X=

[Graham]

It was interesting that the judge cited the Knight-Ridder visualisation (from 1994) as prior art. I'd missed this discussion in an earlier thread here on MR:

https://www.mobileread.com/forums/sho...ghlight=ridder

Graham

[Graham]

Originally Posted by RockdaMan

Nice dodge.

I repeat:

Or I could alter your quote in the light of the lawsuits from firms like HTC to:

All anyone needs is for one violation to be found and Apple's import chain and their engineering teams are off to the races to make changes.

It works both ways.

Graham

[anamardoll]

I definitely see this as a win for Samsung.

It's fairly obvious that the gallery viewer wasn't blatantly copying Apple, but rather just doing what -- as Graham points out -- photo viewers have been doing for 10 years now. So the "Samsung copies Apple" crowd can be silent for a few minutes.

There won't be an interruption in sales because replacing the gallery app should be fairly easy, so Samsung has basically had the entire injunction lifted with a single "To-Do" item. Not too shabby.

Furthermore, this is definitely a PR victory -- it's been made very clear that the Apple design is not something they did first, and Apple has been shown to be exceedingly willing to use the courts to abuse the copyright/patent system.

If I were Samsung, I'd be pretty happy with this ruling overall.

EDIT: The "Samsung lost" meme is silly. If I get charged with murder, arson, and jaywalking, and come away from court with a ruling that says I clearly didn't commit murder or arson, but I did cross the street incorrectly, that's not a loss. That's happy hour celebration time. Gimme a break.

[aceflor]

Originally Posted by Sweetpea

So, there was an update on the Samsung vs Apple case.

The Galaxy S, S II and Ace aren't allowed to be sold anymore after october 13th.

Reason? Not the looks of it. But because of the way you page through pictures in the picture gallery...

(in Dutch: http://tweakers.net/nieuws/76359/rec...nederland.html)

Oh, the tab can still be sold...

Hum.
Sorry to disturb, but correctly, the new injunction says that Samsung is not allowed to sell the galaxy S, S2 and Ace if they are imported through the NL. It is the case right now, but if Samsung changes their point of entry, and take say Frankfurt, or Leipzig, or Lüttig, then the case is different.

But apple won another battle indeed, and I am seeing the brave new apple world nearer and nearer. And to be clear, I am sad..

[kjk]

Originally Posted by anamardoll

EDIT: The "Samsung lost" meme is silly. If I get charged with murder, arson, and jaywalking, and come away from court with a ruling that says I clearly didn't commit murder or arson, but I did cross the street incorrectly, that's not a loss. That's happy hour celebration time. Gimme a break.

So the other patent charges were serious (murder or arson), but the one they were found infringing is minor (jaywalking)?

[anamardoll]

Originally Posted by kjk

So the other patent charges were serious (murder or arson), but the one they were found infringing is minor (jaywalking)?

In my view, yes.

The other patent charges was that the ENTIRE DESIGN of the Samsung product was an infringement on Apple's rights. Samsung would have had to scrap the line and make all new hardware -- and everyone else with a "rectangular device and glass screen" would have been next. Major problem. A whole line would be trashed and the cost and time to redesign all the hardware would have been huge.

The only patent charge that was upheld was the way the Picture Gallery on the device shows pictures. Which is (a) an Android feature, not SAMSUNG OMG COPYING (b) and can be easily fixed with a software update to the devices. The line can still be sold, and since the software update probably won't take 2+ months to accomplish, there's no reason why there would be any further interruption in sales.

So, yeah.

[kjk]

Originally Posted by anamardoll

Which is (a) an Android feature, not SAMSUNG OMG COPYING (b) and can be easily fixed with a software update to the devices.

So for Samsung, it might be a minor deal, but the ruling for this infringement might have more potential reverberations for Android as a whole (unlike the look and feel ones, which were more Samsung specific). But maybe it's pretty trivial to work around.

[Graham]

Originally Posted by kjk

So for Samsung, it might be a minor deal, but the ruling for this infringement might have more potential reverberations for Android as a whole (unlike the look and feel ones, which were more Samsung specific). But maybe it's pretty trivial to work around.

Yes, but note the ruling that this relates to Android 2.x, and that it was agreed that Android 3.x did not infringe the patent. Since Google are driving us towards Ice Cream Sandwich where the tablet OS will converge with the phone OS, new Android devices should escape the infringement anyway.

This may concentrate the collective mind wonderfully and provide further ammunition for Google to break the daft delays carriers and manufacturers impose on upgrades to Android devices with their customisations.

Graham

[anamardoll]

What Graham said; the gallery viewing stuff is (a) trivial to fix and (b) might not hold up in a prolonged legal struggle because the thumbnail picture view isn't exactly a new thing.

[kjk]

Originally Posted by Graham

This may concentrate the collective mind wonderfully and provide further ammunition for Google to break the daft delays carriers and manufacturers impose on upgrades to Android devices with their customisations.

Graham

Ironic if this is what it takes to get everyone on to the latest build.

[aceflor]

Originally Posted by kjk

Ironic if this is what it takes to get everyone on to the latest build.

Indeed . apple, google, google, apple......give me back microsoft

[kjk]

Originally Posted by aceflor

Indeed . apple, google, google, apple......give me back microsoft

Those were the days!