The disputes between Apple and Samsung have been going on for sometime now, But now it has taken an even bigger turn. Apparently a district court in Hague(Netherlands) has issue and validated a patent claim from Apple against Samsung.
While several were rejected, The one that stands is “EP 2059868” Which specifically details the viewing and navigation of images on a touchscreen phone. The ruling covers the Galaxy S, Galaxy S II and Galaxy Ace models.
Now normally this would mean just a ban of sale in the specific country, But because Samsung ship all of there products to the Netherlands for distribution around Europe. This affectively cuts Samsung off from delivery any products in Europe, Which was probably Apple’s plan.
There are multiple other issues that been to be concerned about.
1. This issue has nothing really to do with Samsung, While they use Android, It is in fact Android that has the software that was concerned a patent infringement and not Samsung. While that may not make a difference if Samsung use’s Android. It does proof that there was no direct infringements on Samsung’s end when it came to its similarity’s to the iPhone and the same should go for the Samsung Galaxy Tab aswell.
2. Google might be next!! If this issues comes down to just Android and it does seem like it has. Then any and all android phones have the same risk attached to them.
3. I’m not sure why this patent was even an issue when it came to Apple vs Samsung. It’s not like that same feature isn’t used in other technology(My PDA had the same ability even before the iPhone came out) I really can’t understand why Apple would consider this a victory, Sure they got the same results, But at what cost. Google are now going to have to defend itself and that just makes this battle Apple Vs Google and Samsung. Either that or Google just issue a software update that changes how the photo viewing and navigating works, That would affectively cut Apple from going after Samsung as all other claims were rejected so far.
4. Does this really matter to Apple, There products are already selling through the roof, Nobody is going to buy an Android device because it looks similar to an iPhone, That isn’t how it works and Apple knows this. If they felt they were wronged in anyway, Then why not deal with it through fact and merit. They have already been caught altering images in there claim to make not only the Samsung Galaxy S look more like and iPhone, But also the Samsung Galaxy tab look more like the iPad. That makes me believe that there are difference they don’t wont the judges to be concerned about, Which inturns means they don’t really believe they are infringing on there designs.
Alot of people are asking the same question, Do Samsung devices look like apple devices, The simple answer is yes, But so do alot of phones and devices. The question i believe it should come down is this. Does anyone think Apple were the first to come up with a mobile device that was simply rectangular shaped with a touchscreen!!
NO
Why, because PDAs have been around for a very long time, They have pretty much always looked like this and also were the first to have touch screens and that includes the navigating and viewing of images on a touch screen device. The problem Apple has is that they think there ideas are innovative and new, They aren’t and truthfully speaking(Writing) no new products is, They are just advancements on older technology and new technology is what allows them to combined old(PDA) with the new(Mobile). It’s design however has been pretty much the same since PDAs came out.
I highly doubt this will stop Samsung from selling there mobile products as there is always away around this and possibly a reversal on the verdict the judge gave. The new ban doesn’t come into affect for another 7 weeks, So rest assure you will still have plenty of time and older stock before you see any issue outside of the Netherlands
There are a few quotes that Samsung have released to let people know that they are still going to be selling devices in Europe, But they have yet to explain.
Samsung:
Today’s ruling is an affirmation that the Galaxy range of products is innovative and distinctive, Also with regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphone to Dutch consumers.” “This ruling is not expected to affect sales in other European markets.
