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Old May 20, 2014, 09:24 PM   #1
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Sales Ban of Older Samsung Galaxy Phones Upheld by Dutch Court




A Dutch appeals court on Tuesday night upheld a lower court's sales ban of some older Samsung Galaxy phones, reports*Re/code. It's yet another chapter of Apple and Samsung's worldwide patent battle.

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The order applies specifically to the Galaxy SII and Galaxy Ace, but could possibly be extended to other Samsung devices found to similarly infringe on a European Apple patent.
Initially,*when Apple filed an infringement claim against Samsung and requested the ban in 2011, the company had requested a ban on all Samsung devices. Apple did not see its request fulfilled, however, and only saw the Galaxy S, Galaxy SII and Galaxy Ace banned.

Last week Apple and Google/Motorola Mobility agreed to a settlement and will dismiss patent litigations between the two companies. As part of the agreement they will also work together "in some areas of patent reform". Following that news, it was reported that Samsung and Apple were in early negotiations to settle their patent disputes out of court as well, although some key royalty payment terms are under negotiation.

Article Link: Sales Ban of Older Samsung Galaxy Phones Upheld by Dutch Court
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Old May 20, 2014, 09:27 PM   #2
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A hollow victory perhaps?
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Old May 20, 2014, 09:46 PM   #3
redscull
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Samsung is beating the system. Courts are so slow to ban Samsung's deliberately copied products that it's never relevant. They can repeat this pattern forever. Inventions go from brand new to outdated in 1-2 years now.
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Old May 20, 2014, 10:09 PM   #4
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Does anyone care? Besides apple...
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Old May 20, 2014, 10:46 PM   #5
mbh
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Following that news, it was reported that Samsung and Apple were in early negotiations to settle their patent disputes out of court as well, although some key royalty payment terms are under negotiation.
Reports of Apple-Samsung settlement talks were bogus
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Old May 20, 2014, 11:59 PM   #6
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Originally Posted by redscull View Post
Samsung is beating the system. Courts are so slow to ban Samsung's deliberately copied products that it's never relevant. They can repeat this pattern forever. Inventions go from brand new to outdated in 1-2 years now.
Not that kind of time situation here.

What the ban was about, was a certain way of flipping between images in a gallery. Samsung simply programmed it a different way and updated their devices, which negated the ban. So it was already meaningless when it was first imposed.

This was the same trial where the judge famously dismissed Apple's slide-to-unlock patent as obvious in light of both the Neonode phone, and of industrial touch GUIs with virtual slide on/off switches.
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Old May 21, 2014, 01:54 AM   #7
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Oops, too late.
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Old May 21, 2014, 08:46 AM   #8
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"Why innovate when you can litigate?"
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Old May 21, 2014, 12:24 PM   #9
captain cadet
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Is there any point of banning these - i bet you Samsung makes nothing or very little out of these phones as they are over 3 years old. - These legal cases just go on for too long in the tecnology industry
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Old May 21, 2014, 12:29 PM   #10
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Too late. Well played Samsung. Their trick may be dirty but it's sure as hell working.
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Old May 21, 2014, 05:18 PM   #11
kdarling
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Too late. Well played Samsung. Their trick may be dirty but it's sure as hell working.
A lot of websites (and readers) are really confused about this case. They write like it's about delaying through long trials. It's not.

In 2011, a Dutch judge found that Samsung had infringed a minor Apple visual effects patent, so Samsung changed their method right away to stop infringement.

Normally, that should be the end of things.

However, even though Apple had won, and there were no longer any products being sold that infringed, Apple pressed for a sales ban on the original versions, anyway. This ban had no other purpose except to set a precedent.

(Apple tried multiple times to set a similar precedent in the California trial, but was unable to get such a ban.)
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Old May 21, 2014, 11:54 PM   #12
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Originally Posted by deluxeshredder View Post
"Why innovate when you can litigate?"
Why innovate when you can copy ?
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Old May 22, 2014, 04:49 AM   #13
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Quote:
Originally Posted by kdarling View Post
A lot of websites (and readers) are really confused about this case. They write like it's about delaying through long trials. It's not.

In 2011, a Dutch judge found that Samsung had infringed a minor Apple visual effects patent, so Samsung changed their method right away to stop infringement.

Normally, that should be the end of things.

However, even though Apple had won, and there were no longer any products being sold that infringed, Apple pressed for a sales ban on the original versions, anyway. This ban had no other purpose except to set a precedent.

(Apple tried multiple times to set a similar precedent in the California trial, but was unable to get such a ban.)
That's a very informative post. Thanks!
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