Apple gets ban on Samsung Galaxy S, SII, Ace smartphones

Apple succeeds in getting a Dutch court to ban the sale of the three phones that it claims are too similar to the iPhone.

Despite accusations that it may have altered photos of Samsung's Galaxy S smartphones to strengthen its case, Apple has succeeded in getting a Dutch court to ban the sale of three phones that it claims are too similar to the iPhone.

Missing from the ban, however, is the Galaxy Tab tablets, included in the original suit filed this month. Apple was successful this month in getting the Tab banned in Germany, despite evidence that it may have doctored evidence there as well.

Samsung was found to be infringing on an Apple patent on technologies related to a "Portable Electronic Device for Photo Management." This patent covers the various aspects of a photo gallery user interface, and the use of touchscreen gestures for navigation through it. Samsung's Galaxy S, SII, and Ace smartphones have been found to infringe on the patent, Judge E.F. Brinkman ruled.

The ban takes effect October 15 and the phones would be barred in Germany, Ireland, Sweden, Switzerland, the UK, and the Netherlands. The ruling would not be enforceable in other EU member-states because Apple failed to pay the administrative costs necessary in order to make the patent valid, tech patent blog FOSS Patents reported.

Regardless of Apple's failure to ensure its paperwork in order, it could have disruptive effects on sales across Europe. This is due to the fact that a good portion of Samsung's distribution system for the region runs through the Netherlands: in order to sell these devices, the company will now need to ship them into those countries directly.

Samsung was obviously not pleased with the ruling, and vowed to take "all possible measures including legal action" to ensure no disruption in sales of its devices in a statement.

That said, it still has options: the injunction found that Android 2.3 infringed on the patent but Android 3.0 and above did not. All the Korean electronics maker would need to do is update these phones to make the injunction non-enforceable, something Brinkman noted in his ruling.

For more tech news and commentary, follow Ed on Twitter at @edoswald, on Facebook, or on Google+.

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More about: Apple, EU, Facebook, Galaxy, Google, Samsung, Switzerland
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Comments

Chris

1

Expect to see Ice-Cream Sandwich rushed to Samsung phones. Nice. Thanks Crapple.

Nicholas

2

As if apple doesn't have the right to protect their initial hard work in user interface design! Well done apple. Ice cream sandwhich is fair enough on the other hand for samsung.

Rod

3

Hard work on user interface design??? U mean the hard work done by Xerox.

Apple were just better at marketing it.

Harry Barracuda

4

I wouldn't mind Apple if they weren't so keen to stop anyone innovating.

With the cash they've got they should be developing brilliant new products instead of wasting it on malicious patent litigation.

That Guy

5

Competition promotes ingenuity - apple will continue to buy technology developed by others and stagger the release of features to ensure their fat wallets are stuffed.

SandraC

6

So, Apple can buy the components from everyone else, but if another company does the same things with their own gear, it has to be stopped? Uhhh, no.

And to everyone patting Apple Inc for this behavior, think back at how you ranted about Microsoft doing the same thing.

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