Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

[Goeroeboeroe]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

And a big update. I wrote the judge was supposed to rule on the 15th of september, but he did suddenly today. That's one day before the appeal in Germany, and people who know more about legal things than I do think that's no coincidence. They think it's a hint for the German judge.
Samsung won on about all points. Two longer articles (in Dutch):
http://webwereld.nl/nieuws/107696/re...ii-en-ace.html
http://webwereld.nl/nieuws/107698/ga...-samsung-.html

In short: Only three smartphones with Android 2.3 have problems because of a software patent, the Galaxy S, SII en Ace smartphones. That's because of scrolling through a picture galery using hand moves. But Android 3 doesn't have this problem. Samsung has till 15 October to solve this. They say this is more than enough time, Samsung says a small software update can fix this.
All other claims Apple had are completely declined, including the very important Community Design claims.

It looks Apple lost completely and made a whole lot of free commercials for Samsung.
I (and lots of other people) always thought in the EU software patents don't exist, so I don't understand this.

Edit: I think I understand it. Formally it aren't software patents, but hardware patents. But everybody calls it software patents, because in practice it are.
English text about the verdict:
http://fosspatents.blogspot.com/2011...eliminary.html

[GreyGeek]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

Excellent news!

Samsung makes excellent products. I have their duplex laser printer setting on the stand beside me, and it is excellent. I have a Samsung External DVD Writer Model SE-S084D (USB) and it, too, is excellent!

[MoonRise]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

Excellent news!

Samsung makes excellent products. I have their duplex laser printer setting on the stand beside me, and it is excellent. I have a Samsung External DVD Writer Model SE-S084D (USB) and it, too, is excellent!

Agreed!

[Goeroeboeroe]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

One thing I forgot: this trial in The Hague was a so-called 'kort geding': a kind of trial for very urgent matters. Apart from that there's a 'normal' trial, that can take years. (Actually there seems to be a whole bunch of trials.) Most of the time the outcome of the normal trial is the same as the 'kort geding', but in theory it's still possible Apple wins the normal trial.
By that time tablets are probably in the Museum of Pre-historical Art, but it can have implications for the Community Design madness.

[Goeroeboeroe]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

In Germany the Galaxy Tab 10.1 is - for the moment - forbidden. For the moment, because Samsung wil probably appeal.
It's forbidden because of Community Design, that's really bad.
The (Dutch) article: http://webwereld.nl/nieuws/107873/ap...duitsland.html

And the Community Design sketches that caused the ban:
http://www.scribd.com/doc/61944044/C...000181607-0001
(Warning: take a deep breath before looking at those drawings. Probably you'll have to get rid of half of your furniture, because it looks like these 'drawings'.)

Edit: The Galaxy 7.7 is forbidden for the same reason.
The ban is only for Germany. This sentence is completely contrary to that of the Dutch judge. Maybe different optician?

[dibl]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

I don't get it. Those drawings look like every notebook and netbook sold in the past 6 years. How can such a generic drawing be registered as a "design"? Where are the design "features" -- the unique aspects that set it apart from all other similar design concepts? I see no controls, no interfaces ...

[Goeroeboeroe]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

Yes, that's the completely idiotic situation with Community Design. Everybody can drop every 'drawing', and the other party has to proof it's not the same. Apple even delivered a completely normal rectangle. Just a rectangle, nothing more.
Here's an article that describes it very well:
http://www.osnews.com/story/25056/Th..._USPTO_Was_Bad

That rectangle can be seen by following one of the links in this thread, don't know anymore which one. But also other very normal things are claimed by Apple (and others?). There's no review at all when you claim a Community Design: everything is accepted, as I understood it.
Of course it's pretty easy to get that rectangle out of the way. But if I make something with a rectangle, I have one lawyer (and if he aks any money, I'lll have to rob a bank first). Apple can easily put a hundred lawyers on the case. So Apple wins probably.

How any judge this four-year-olds drawings can see as some kind of design is for me unbelievable too.

Edit: here's the explanation on the official site of the Office for Harmonization in the Internal Market (Trade Marks and Designs) (pfff, if you're in a hurry, what a name...):
http://oami.europa.eu/ows/rw/pages/R...tyDesign.en.do

[dibl]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

With no scale, and no design details, those drawings are useless. I can't imagine why such junk would be considered an acceptable depiction for anything more than an advertising piece.

[GreyGeek]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

This says it all:

Apple chose Düsseldorf specifically because of how injunctions work in Germany. You do not have to notify the defendant, and there's no need for a hearing. By law, the court has to assume the Community Design - which has not received any prior art or obviousness test of any kind - is valid, and since the Galaxy Tab is roughly of the same shape as Apple's Community Design, the judge grants the injunction.

In America the best plan of action when trying to figure out why laws are passed and how they are enforced is to follow the money. I'm beginning to suspect that the same is true in Germany.

[Goeroeboeroe]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

But it is strange the Dutch judge made a completely different decision, based on the same documents.
And I'm absolutely not sure there's no 'money to follow' here in The Netherlands. (As a matter of fact: as it comes to software etc., I'm pretty sure there's a whole lot of money to follow, though I can't proof that.)

I guess in the end some kind of European court has to make a final decision, because it's mainly based on European laws and rules.
And now I stop writing, because I'm going to draw triangles, circles, squares and going to be rich.

[GreyGeek]

Re: Apple Blocks Sales of Samsung Galaxy Tab 10.1 in EU

....
And now I stop writing, because I'm going to draw triangles, circles, squares and going to be rich.

Apple beat you too it. They'll sue you for IP infringement if you use those geometric figures in the design of anything remotely similar to their products. After all, they haven't made all those campaign "contributions" for patriotic purposes ... they expect some advantages, like a playing field tipped in their favor.