Apple Asks Netherlands To Ban Huge Swath of Samsung Products - HotHardware
Apple Asks Netherlands To Ban Huge Swath of Samsung Products

Apple Asks Netherlands To Ban Huge Swath of Samsung Products

When Apple won its initial injunction request against Samsung ten days ago, it was noted that the company had a separate legal proceeding underway in the Netherlands that was aimed at a similar goal. New information suggests that Apple's requests in this case are much broader and aimed at disassembling Samsung's ability to sell products in Europe at virtually every level.

Apple's filing requests injunctive relief across Samsung's entire line of Galaxy products including the Galaxy Ace, S, and S II, the Galaxy Tab 7 and 10.1, and the Galaxy Gio, Nexus, 551, Europa, Apollo, and Mini. The Cupertino-based manufacturer also wants a much more comprehensive injunction than it won ten days ago. The initial injunction only covered product imports. Many resellers carried on business as usual, as phones that were already in-country or sitting on store shelves were fair to sell.


Apple's initial injunction focused on the Galaxy Tab 10.1. Samsung expressed surprise at the ruling, claiming that it had just worked out an arrangement with Apple to ship a non-infringing tablet in Australia.

This time around, Apple wants that loophole closed. The company wants the new injunction to cover every step of the
process, including manufacturing, distribution, importing, exporting, and stocking. If granted, the ruling would freeze Samsung products altogether. The company further demands that Samsung recall all infringing products from its European clients within 14 days and cover the cost of distribution + original product purchase price. European companies that fail to return Samsung's products will themselves be held in violation of Apple's property rights.

If Apple gets what it wants, the ruling will effectively destroy Samsung's ability to operate in Europe. The company has no alternative product lines that it can quickly bring to the EU to replace the banned devices and no guarantee that Apple wouldn't promptly sue over any new European products. If the company's resellers are forced to recall and end-of-life their current inventories, they aren't going to be willing to risk exposing themselves to another massive inventory problem.


This image, courtesy of webwereld, shows how Apple's filing distorts the Galaxy S's height to make the two appear more similar.

Samsung has defended itself in part by noting that the images Apple has used as evidence in several court hearings are doctored to make the allegedly infringing Samsung products look more like their Apple counterparts. Photo analysis shows that the aspect ratios on both the Galaxy Tab and the Samsung Galaxy S have been tweaked.

Unfortunately for the Korean manufacturer, the doctored photos aren't a slam-dunk. The German judge who issued the initial injunction didn't just examine photographic evidence, he physically handled and compared the two products. Furthermore, the substantive patents that form the backbone of Apple's lawsuit aren't based on the dimensions or aspect ratios of the devices in question. The judge in question can whack Apple for submitting bad evidence without needing to overturn the infringement ruling.

If Samsung is lucky, Apple's own hubris will work against it. Companies regularly request injunctions when litigating patents, even if actually getting one is still big news. Apple's Netherlands lawsuit goes a step beyond injunctive relief and stabs at Samsung's entire European distribution system in a manner that could mortally wound the company's entire European business. That's a much, much stronger request and it's likely the courts will err on the side of caution rather than handing the market to Apple via judicial fiat.
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Really apple? pushing everyone to the wall is not the path to take :). Your doing GREAT so far, lets give others a slight chance...

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Apple has gone to the dark side this time.

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I understand why apple is mad, they do look similar but come on you don't need to doctor the photos! If Apple is far "superior" to every other product then why are they worried? Give me my Galaxy S II before Apple files one of these in the US.

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Soo microsoft gets anti trust lawsuits up the *** in the EU over something like shipping IE in windows but its perfectly fiiine for apple to destroy ALL competition when they feel like it?

Take your patents and shove it up your apple!

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I look at Apple for over of 20 years. Their products are *** (but a shinny looking one), their software is *** (but a uggly one), and their attitude is *** (a big and stinky one).

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I want good products and the right to choose between them.

As far as I'm concerned this is anti-competitive behavior.

Law suits like these make Apple look like a petulant child, afraid of healthy competition with a great product line from a company with the manufacturing and distribution clout to make it work.

Stick to improving your own product, rather than having a sook over what others are also doing well.

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People can't afford necessities, but they buy ipads and iphones on credit. I guess people think because they are "apple" (no I did not say that word), they are edible. Jobs is an arrogant ***, as realneil called me in defending Jobs. Jobs and Apple are out of control, but the cult of Jobs is ever growing despite "A"'s increasingly more predatory, vengeful and immature behavior. Go at me realneil, but remember to take a breath, or a walk in the park, or smell the flowers before you do, and enjoy your new ipad that is so magical considering you can video call on it. "A" is desperate to find ways to secure their ever growing dominance of the market. They will do anything to counteract the inevitable waning of their revenue growth and margins. Inevitable might be too optimistic in the face of more and more sheep around the world joining the flock at the expense of food for their kids.

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pdjblum:

People can't afford necessities, but they buy ipads and iphones on credit. I guess people think because they are "apple" (no I did not say that word), they are edible. Jobs is an arrogant ***, as realneil called me in defending Jobs. Jobs and Apple are out of control, but the cult of Jobs is ever growing despite "A"'s increasingly more predatory, vengeful and immature behavior. Go at me realneil, but remember to take a breath, or a walk in the park, or smell the flowers before you do, and enjoy your new ipad that is so magical considering you can video call on it. "A" is desperate to find ways to secure their ever growing dominance of the market. They will do anything to counteract the inevitable waning of their revenue growth and margins. Inevitable might be too optimistic in the face of more and more sheep around the world joining the flock at the expense of food for their kids.

I believe that Jobs stepped down a few months ago due to medical problems.But I would agree with you that he is arrogant. 

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pdjblum:

People can't afford necessities, but they buy ipads and iphones on credit. I guess people think because they are "apple" (no I did not say that word), they are edible. Jobs is an arrogant ***, as realneil called me in defending Jobs. Jobs and Apple are out of control, but the cult of Jobs is ever growing despite "A"'s increasingly more predatory, vengeful and immature behavior. Go at me realneil, but remember to take a breath, or a walk in the park, or smell the flowers before you do, and enjoy your new ipad that is so magical considering you can video call on it. "A" is desperate to find ways to secure their ever growing dominance of the market. They will do anything to counteract the inevitable waning of their revenue growth and margins. Inevitable might be too optimistic in the face of more and more sheep around the world joining the flock at the expense of food for their kids.

I believe that Jobs stepped down a few months ago due to medical problems.But I would agree with you that he is arrogant. 

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He is still CEO. He did not step down. He just does not come to the office everyday anymore.

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Another feast or famine Apple iPad patent frenzy !

Wonder if they have Advanced Apple Patent Law in the Law schools for higher education these days

A possible per-requisite maybe something like:

Oh heck this is almost to easy & amusing  to continue .. so if you want to help out ? I say  'go for it' Wink

'cuz... I have an Adam's apple >>> Uh - Ohh  !  Surprise & may need it a little while longer ! Smile

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It is sad to me that Apple is pushing companies build these types of devices in order to compete with them but then proceeds to smash them in court and wins for some reason.

Anyone know exactly what patents they are suing about? So when is Toyota going to sue Chevy because their cars have an engine in them lol.

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The Microsoft/antitrust rulings are administered and maintained by DG-COMP. The complaints were filed with the EU based on Microsoft's abuse of monopoly power. Samsung can't file a complaint with the same branch based on Apple's patent infringement suits. The point of an antitrust investigation is to bring judicial examination to bear. In this case, judicial examination is already underway.

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all apple is doing is helping samsung, they are giving samsung free promotion. People will now know who samsung is and what products they have.

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sad to see apple who was once about to be destroyed is now the one destroying many companies.

Pretty sure apple should be the one being sued instead of letting them have ridiculous patents and lawsuits.

"I haven't committed a crime. What I did was fail to comply with the law. "

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LLe,

The goal of this injunction request is to destroy Samsung's ability to ship products in Europe. If granted, the damage would outweigh any sort of free publicity.

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Actually the first court backed down. Samsung only has an injunction effecting in in Germany, not the whole EU now.

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I am little worried the new iphone won't e that good so apple is trying to smash Samsung in advance

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VPapouek:
I am little worried the new iphone won't e that good

Really?

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