Galaxy Tab Banned in Europe - Page 19

Dopedangel · 08-24-2011, 10:56 PM

Reading this article it seems Apple lost the case and Samsung has 7 weeks to change a small thing till then it can keep selling all the phones it wants. And Tab does not infringe on these patents.

http://jan.wildeboer.net/2011/08/sam...lling-samsung/

Sweetpea · 08-25-2011, 03:20 AM

Quote:

Originally Posted by RockdaMan

They get a preliminary injunction handed down against them, and they rush to declare victory?

That's the very definition of spin.

How many courts have rendered a negative verdict for Samsung? It doesn't matter if they win on six and lose on one -- the device is still banned.

How is that a win?

No device is banned.

Quote:

Originally Posted by =X=

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

=X=

I was in a hurry when I posted it. So, I didn't have too much time elaborating it...

Quote:

Originally Posted by aceflor

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.

Or simply change the "offending" software and be done with it all. Which is what Samsung said they'd be doing.

Quote:

Originally Posted by aceflor

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.

.

I don't think that Apple really won another battle. The Tab isn't banned, the entire Galaxy line isn't banned (which is what they wanted). They only have a "possible ban". Which won't be carried out as Samsung will simply do a software update. In the end Apple will have gained nothing. Samsung can still sell their phones and tablets and be a competitor to Apple.

aceflor · 08-25-2011, 03:24 AM

Yes, that sounds better indeed. But I guess Apple is now preparing the next attack, since they can't seem to just accept the fact that they have competitors.

Sweetpea · 08-25-2011, 03:29 AM

Quote:

Originally Posted by aceflor

Yes, that sounds better indeed. But I guess Apple is now preparing the next attack, since they can't seem to just accept the fact that they have competitors.

Oh, I don't doubt that at all! But the fact that the formfactor demand is dismissed, that must hurt...

Graham · 08-25-2011, 04:03 AM

Quote:

Originally Posted by Sweetpea

Oh, I don't doubt that at all! But the fact that the formfactor demand is dismissed, that must hurt...

Dismissed by the Netherlands court. Samsung's appeal to the German court on the Community Design issue takes place today. I imagine the Dutch decision will have some bearing, but we'll have to wait and see.

Presumably if the Tab gets banned in Germany after being ruled OK in the Netherlands this will get messy as it would get pursued in each country in turn.

Graham

Dopedangel · 08-25-2011, 05:40 AM

Well this explains it best

Graham · 08-25-2011, 06:23 AM

Thanks Dopedangel. It's interesting that it's just the sideways flicking with bounce at the end aspect of the patent that was considered an infringement. The patent also covers opening albums to thumbnails and then a tap to go full screen, as I noted above, but perhaps these have already been ruled to be generic activities.

Graham

RockdaMan · 08-26-2011, 03:18 AM

Quote:

A judge in Düsseldorf said Thursday that Apple’s intellectual property rights are probably strong enough to ban sales of Samsung Electronics’ rival Galaxy 10.1 tablet computers in Germany.

Quote:

“There are a lot of alternative ways to design a tablet device, as the market amply shows,” the judge said at a hearing. “We think Apple’s E.U. design rights grant a medium range of protection, if not a broad one.”

Quote:

Samsung lost an unrelated case involving Apple on Wednesday before a Dutch court over sales of some smartphones there. That court took a different view on tablets, saying Samsung did not violate Apple’s rights to the tablet’s design.

http://www.nytimes.com/2011/08/26/bu...er=rss&emc=rss

Graham · 08-26-2011, 04:17 AM

The reporting yesterday was confused on this. As far as I can see we'll need to wait until the actual ruling on September 9th, but the judge in Germany does seem more disposed than the Dutch court to rule in Apple's favour on look and feel.

As I said above, this could lead to a messy situation where Apple and Samsung duke it out country by country.

However, there was a clear get-out quoted for Samsung, which was that the judge ruled that if Samsung could show that Apple knew by June that the Tab was to be sold in Germany, then Apple's claims of urgency would not hold and the case would dismissed. That's a hard thing to prove, but the Tab was announced back in February, with clearer information released in March, and one would assume that Apple were aware that Samsung intended to sell it in the major markets in Europe.

Graham

Dave_S · 08-26-2011, 10:59 AM

Quote:

Apple's 'win' was actually a major loss

Quote:

So it seems that this time Apple ended up going one for four, and that one 'win' appears to be meaningless. Ouch.

Android update will save Samsung from Apple's claws

RockdaMan · 08-26-2011, 01:11 PM

Quote:

Originally Posted by Graham

this could lead to a messy situation where Apple and Samsung duke it out country by country.

Thats what it looks like it is shaping up to be.

Of note...in the Jobs thread I posted some of the patents he claimed. Almost all of them claim to be 'ornamental' in nature, not functional.

kjk · 08-26-2011, 01:34 PM

Meanwhile, the U.S. Samsung/Apple case was just "expedited"...to July 30, 2012.

Graham · 08-26-2011, 02:29 PM

Quote:

Originally Posted by RockdaMan

Thats what it looks like it is shaping up to be.

Of note...in the Jobs thread I posted some of the patents he claimed. Almost all of them claim to be 'ornamental' in nature, not functional.

With these, it looks like it might come down to a particular judge's opinion in each country. If so, we can expect a variety of opinions just as here on MR.

With respect to the Galaxy Tab, I wonder whether a ban in Germany would have any real effect for German consumers other than a limit on advertising? They'll still be able to buy online from next door in the Netherlands, in their own currency.

What's more the reports from the case indicate that Apple would also need to take the various large retailers to court as well, since there is nothing in the injunction that would prevent them from importing from the Netherlands and selling in Germany.

Very messy.

Graham

RockdaMan · 08-26-2011, 02:33 PM

I don't think the larger picture is about Samsung. Is there any evidence that its tablets sales are growing and are cannibalizing iPad sales? This feels more like a warning shot across the bow of all the tablet makers.

vaughnmr · 08-26-2011, 03:25 PM

Or a patent process out of control...

08-26-2011, 04:17 AM	#279
Graham Wizard Posts: 2,742 Karma: 32912427 Join Date: Feb 2008 Location: North Yorkshire, UK Device: Kobo H20, Pixel 2, Samsung Chromebook Plus	The reporting yesterday was confused on this. As far as I can see we'll need to wait until the actual ruling on September 9th, but the judge in Germany does seem more disposed than the Dutch court to rule in Apple's favour on look and feel. As I said above, this could lead to a messy situation where Apple and Samsung duke it out country by country. However, there was a clear get-out quoted for Samsung, which was that the judge ruled that if Samsung could show that Apple knew by June that the Tab was to be sold in Germany, then Apple's claims of urgency would not hold and the case would dismissed. That's a hard thing to prove, but the Tab was announced back in February, with clearer information released in March, and one would assume that Apple were aware that Samsung intended to sell it in the major markets in Europe. Graham Last edited by Graham; 08-26-2011 at 04:21 AM.

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08-24-2011, 10:56 PM	#271
Dopedangel Wizard Posts: 1,798 Karma: 30548723 Join Date: Dec 2006 Location: Singapore Device: Boyue	Reading this article it seems Apple lost the case and Samsung has 7 weeks to change a small thing till then it can keep selling all the phones it wants. And Tab does not infringe on these patents. http://jan.wildeboer.net/2011/08/sam...lling-samsung/

08-25-2011, 03:24 AM	#273
aceflor Wizard Posts: 3,472 Karma: 48036360 Join Date: Aug 2009 Location: where the sun lives, or so they say Device: Pocketbook Era, Pocketbook Inkpad 4, Kobo Libra 2, Kindle Scribe	Yes, that sounds better indeed. But I guess Apple is now preparing the next attack, since they can't seem to just accept the fact that they have competitors.

08-25-2011, 05:40 AM	#276
Dopedangel Wizard Posts: 1,798 Karma: 30548723 Join Date: Dec 2006 Location: Singapore Device: Boyue	Well this explains it best

08-25-2011, 06:23 AM	#277
Graham Wizard Posts: 2,742 Karma: 32912427 Join Date: Feb 2008 Location: North Yorkshire, UK Device: Kobo H20, Pixel 2, Samsung Chromebook Plus	Thanks Dopedangel. It's interesting that it's just the sideways flicking with bounce at the end aspect of the patent that was considered an infringement. The patent also covers opening albums to thumbnails and then a tap to go full screen, as I noted above, but perhaps these have already been ruled to be generic activities. Graham

08-26-2011, 01:34 PM	#282
kjk . Posts: 3,408 Karma: 5647231 Join Date: Oct 2008 Device: never enough	Meanwhile, the U.S. Samsung/Apple case was just "expedited"...to July 30, 2012.

08-26-2011, 02:33 PM	#284
RockdaMan Banned Posts: 1,644 Karma: 213512 Join Date: Oct 2010 Location: On the other side of over there Device: Pandigital Novel, Kindle G1 (broken), iPod Touch	I don't think the larger picture is about Samsung. Is there any evidence that its tablets sales are growing and are cannibalizing iPad sales? This feels more like a warning shot across the bow of all the tablet makers.

08-26-2011, 03:25 PM	#285
vaughnmr Ebook Reader Posts: 605 Karma: 3205128 Join Date: Nov 2009 Location: Texas Device: Kindle 3, HTC Evo, HTC View	Or a patent process out of control...