Apple Strikes Samsung Galaxy S2, Others, From Netherland Markets

on August 25 2011 10:00 PM
Samsung Galaxy S smartphones
Samsung Galaxy S smartphones Reuters

In another victory for Apple's legal team, Dutch courts ruled that devices from rival Samsung would not be allowed to be allowed on shelves in the Netherlands due to patent infringement.

The preliminary decision includes Samsung's venerable Galaxy S2 smartphone, the device many see as a threat to the iPhone 5. The original Galaxy S and Ace smartphones were also included, but the court did not include Samsung tablets.

The injunction relates to the current version of those devices but would not cover future releases that may be designed in ways that don't infringe this particular patent.

Samsung appears to be determined to modify its software in order to steer clear of the infringement identified by the court.

It will go into affect October 13th.

This comes just weeks after German courts ruled that Samsung could not sell its tablets across the entire EU, though it later recanted and scaled the order back to just Germany over jurisdictional doubts.

The decision marks an important victory for Apple and deals a critical blow to Samsung that could cripple it from effectively competing for market-share, according to industry watchers.

If Samsung is violating Apple's IP rights, we believe Apple could enjoy even further success in these markets in the coming years,  explained Ticonderoga analysts Brian White after the Germany ruling.

Apple previously said that Samsung's Galaxy line of mobile phones and tablets slavishly copied its own iPhone and iPad. The companies have thrown suits back and forth for months.

An appeal could take as much as four weeks, Mike Abramsky of RBC Capital Markets explained to investors, while a workaround will also take time to implement.

Amidst this large IP battleground, we believe Apple may consider any possible penalties or settlements with a global perspective, he said.

The court's decision deals another setback to Samsung after it had to delay the launch of its Galaxy Tablet in Australia over similar suits.

It also highlights Apple's heightened efforts to deploy lawyers alongside its engineers to push its products and services inside the lives of more consumers.

In July HTC lost a preliminary ruling from the International Trade Commission after rival Apple filed suit against it, seeking an halt to the import of its products into the US. The suit came more than a year after Apple filed its initial suit against HTC, alleging 20 instances of patent infringement, all dealing with various elements of the iPhone.

We can sit by and watch competitors steal our patented inventions, or we can do something about it, Steve Jobs said at the time.

We've decided to do something about it. We think competition is healthy, but competitors should create their own original technology, not steal ours.

U.S. rival Motorola Mobility has also been sued after Apple claimed that its host of Android phones infringe on several multi-touch and operating system patents.

 

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