Apple gets EU wide Samsung ban

[ct2k7]

A Dutch court today issued an “EU-wide preliminary injunction against Samsung’s Galaxy” devices (excluding the Galaxy tablets), according to a report from Foss Patents which just posted the official court order. This comes on the heels of Samsung appealing a*similar*preliminary*injunction (which has been temporarily lifted) granted by a German court halting sales of the Galaxy Tab 10.1 in the EU,*claims that Apple doctored images of the Galaxy S in a Netherlands court, and some pretty crazy tactics on Samsung’s part regarding prior art arguments.

The Rechtbank ‘s-Gravenhage (a Dutch court in the city of The Hague) today issued an EU-wide preliminary injunction against Samsung’s Galaxy smartphones — but not the Galaxy tablets — at Apple’s request. The decision follows a hearing held on August 10 and 11, 2011.

Foss Patents source [DEVELOPING STORY -- still adding detail]

 

[GoCubsGo]

I don't know the law over the pond, but it seems like things happen a bit backwards. Has Apple even proven their case to warrant the injunction? Even if they haven't, that's a setback for Samsung since now they have to cease whatever it is they're doing. And why were the tablets excluded?

 

[maflynn]

I think its more along the lines that apple's case has merit and they "proved" to a degree that there is some possible patent issues

 

[ct2k7]

Problem is, that patent is related to scrolling in a gallery: Android problem not Samsung.

 

[GoCubsGo]

^ that is what I thought. I thought it was about Android and not Samsung. If you're going to attack the way a phone operates then there are various aspects. Either they're attacking the hardware or the software; I thought they were most interested in the software patents.

 

[MacBoobsPro]

Its about the look of the devices isnt it? Thats why they are targeting Samsung. The Wave (I think) looks like the 3GS and the Tab looks like the iPad.

 

[AAPLaday]

The problem is with the photo browser isn't it? The samsung photo browser not stock android

 

[whooleytoo]

I thought the reason the preliminary injunction imposed by the German court was lifted was because there was doubt if the court had the authority to impose such an injunction throughout the EU (it seems it depends on whether Samsung has a presence within the EU or not).

If so, surely the same applies to this injunction? Or are the laws different if the case involves patents rather than 'community designs'?

 

[maflynn]

Story is now on the front page, please use that thread https://www.macrumors.com/2011/08/2...alaxy-smartphones-in-eu-set-for-october-13th/