Samsung Galaxy S II Banned in Europe by Apple Injunction

August 24, 2011
3

In a manner extremely similar to what we saw just about a week ago (then quickly limited in scope), Apple has successfully worked with Dutch courts in The Hague to, starting today, issue a preliminary injunction against three Samsung devices: the Galaxy S II, Galaxy Ace, and Galaxy S. This injunction, just like the last, due to EU law, bans the devices from sale across the entire European Union. This injunction does not include the Galaxy Tab 10.1, though with a case going on in Germany at the same time, Apple may be choosing case locations where they'll be most effective.

The folks at FOSS Patents make things a bit more clear noting that this preliminary injunction applies at the moment only to member countries of the European Patent Organization where a specific Apple software patent is valid. The countries that are not included of course are places where the Apple did not make a patent valid by paying for and completing filing. Countries outside the reach of this preliminary injunction include Austria, Italy, Belgium, Czech Republic, Estonia, Greece, Iceland, Latvia, Lithuania, Portugal, Romania, Slovenia, Slovakia, and Spain.

While it appears at the moment that Samsung's Korean parent company is and will not be bound by the ruling, their primary European distribution hub is in the Netherlands where the ruling will be valid. Unlike the Samsung Galaxy Tab 10.1 ruling surprise reveal, Samsung will have time to reorganize its efforts before the 7 weeks are up between this preliminary ruling and an its effects taking place. While the deadline for this decision was originally set, apparently, for September 15 with any injunctions to take effect after October 15, Dutch courts have decided to deliver the decision early, giving Samsung more time to "regroup" if you will.

Whether or not this case will continue to cover greater Europe down the line is not known.

[via SlashGear]


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  • Gomez

    The judge rejected that Samsung had copied Apple’s product designs , finding only that they had violated a patent related to using gestures to switch between photos in a gallery application. 

    • http://www.facebook.com/yourwrist Robert Norris Hills

      Yep they overruled everything apple put forward…Why are people only reporting about the one insignificant thing when the bigger story is the fact that Samsung destroyed apples suit?

      The scrolling was because it looked like the useless but pretty CoverFlow. To get more detailed (the “bounce” after you hit the beginning or end of a list of photos”)

      The slide to unlock was thrown out because a phone called the Neonode N1m in 2005 had it.

      The icon layout looked to much like 5 or 6 year old Nokia phones.

      On the iPad design claims: Regarding the design related stuff – the Community Designs – of the iPad, the judge threw it all out, citing loads of prior art (like the Compaq TC1x00). In addition, the judge stated that only the front of the device shows some resemblance, while everything else is entirely different. The Kinght Ridder is also cited as relevant prior art – the judge threw out Apple’s defense that the product never made it to market. To round it out, the judge also mentioned ‘form-follows-function’ several times. Most interesting note: the judge specifically mentions that by having such a minimalist design, the iPad basically makes itself less viable for design protection.

      As for the outside design of the Galaxy S phones: Regarding the design of the Galaxy smartphones, the judge again cites numerous cases of prior ‘art’, including the LG Prada. The judge threw out all of Apple’s claims here. Finally, the Android GUI – the Nokia 7710 is cited numerous times as prior art.

  • stay_kool

    Apple is copying Android… Now its time to sue Apple…

    For more info…

    http://www.businessinsider.com/how-ios-5-copied-android-2011-6#notifications-appear-at-a-bar-at-the-top-1