Linked by Thom Holwerda on Wed 24th Aug 2011 13:58 UTC
Legal Breaking news from my swamp home country The Netherlands: the Dutch court has just banned the sales of all Galaxy S, SII and Ace smartphones in the entire European Union. 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. In other words, 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 hence, sales of the Galaxy Tab 10.1 can continue. In fact, only the Gallery application violates the patent in question, and Samsung has already stated it is going to replace this application on all new Galaxy smartphones from now on - sales won't even be interrupted. In other words - two patents thrown out, design stuff rejected, and only one patent complaint upheld which will cause no harm to Samsung. Apple just scored a meaningless victory. The Dutch court order is here. The pictures speak thousands of words.
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Comment by Dryhte
by Dryhte on Wed 24th Aug 2011 14:26 UTC
Dryhte
Member since:
2008-02-05

How utterly ridiculous.
I would never have thought a European court would have the same respect for software patents as some American courts seem to have.

Now Apple has won this suit against Samsung, they're in a position to prohibit sales of any Android 2.x phones of other manufacturers as well, aren't they?

Reply Score: 1

jabbotts Member since:
2007-09-06

It won't happen - motivation to sell new units not update ones already sold and all that - but imagine of the phone makers called Apple's bluff and all shipped 3.x firmware updates for existing phone models.

Now that would really be a case of Apple and the other phone manufacturers truly doing something to benefit the device owner.

Reply Parent Score: 2

No it isnt Member since:
2005-11-14

You wouldn't need to switch to 3.x (which is tablet only), only update the gallery app.

Reply Parent Score: 3

RE: Comment by Dryhte
by Lennie on Wed 24th Aug 2011 17:52 in reply to "Comment by Dryhte"
Lennie Member since:
2007-09-22

Well, the EU (and thus the Netherlands) don't grant any software patents.

So I guess the judge thinks this isn't just software, because you need to use the touchscreen in a certain way as well.

Reply Parent Score: 3

RE[2]: Comment by Dryhte
by JAlexoid on Wed 24th Aug 2011 23:24 in reply to "RE: Comment by Dryhte"
JAlexoid Member since:
2009-05-19

Actually we(EU) do grant software patents. Philips of The Netherlands is the biggest offender in that area, by the way...
It's just it's a lot harder to do and overcomplicated language just results in a longer review of the patent. A real inventive step is required these days, though some older patents with ridiculous claims exist.

Reply Parent Score: 2