Dutch appeals court dismisses Apple’s appeal for Samsung tablet ban

Apple again lost a bid on Tuesday to have Samsung tablet computers banned in the Netherlands in a Dutch appeals case over infringing copyrights of its iPad tablet computer,” Gilbert Kreijger reports for Reuters.

“Apple, which has been locked in legal battles with Samsung in almost a dozen countries involving smartphones and tablets, had appealed a Dutch ruling, which said last year Galaxy Tab 10.1 models were not a copy of Apple’s iPad,” Kreijger reports

Full article here.

Florian Mueller reports for FOSS Patents, “The rationale underlying this decision is very similar to the approach taken by Judge Lucy Koh of the United States District Court for the Northern District of California, who denied Apple a preliminary injunction for (among other things) an iPad-related design patent that is the U.S. equivalent of the Community design asserted in Europe. Apple is appealing Judge Koh’s decision.”

“Last week, Apple filed two new design lawsuits targeting a total of 15 Samsung products in Germany. As I explained then, the two companies need the courts in various jurisdictions to clarify where Apple’s exclusive scope of protection ends and Samsung’s freedom to compete begins,” Mueller reports. “There’s no mathematical formula based on which they could simply agree that Samsung’s products are allowed to have a degree of similarity of up to (for example) 70%. Instead, they need guidance from judges.”

Full article here.

MacDailyNews Take: Either Dutch judges are blind, or their laws do not forbid such blatant IP theft, or Apple’s lawyers suck because that thing, at the very least trade-dress-wise, is as close to a stolen product as you can get outside of a pure Chinese knockoff.

22 Comments

  1. Fandriod Aholes rejoice. You have have absolutely no moral or ethical bones in your bodies. If Bribes and judicial playoffs are your answers to true innovation God help you. Pathetic.

    1. Playoffs … Payoffs what’s the difference …. I should just have come out and just said Google and their Andriod henchmen are CORRUPT to the core. Pour me another cup of black coffee the whole Android scene is sickening.

  2. Those filthy Koreans will rob you, kill you, rob you again, and then go looking for your mother.

    The U.S. ought to protect their own companies. If they had a president who knew WTF he was doing, he’d threaten behind the scenes to pull out of South Korea and we’d see how fast Samsung stops their bullshit.

    Alas, the U.S. will have to wait until the next inauguration in January to get someone in there who has at least some clue.

    1. You have no f******g clue if you think one of those immoral racist Republican morons would be anything but a horrific, embarrassing disaster for this country. Blaming Obama for this too? People like you make me utterly sick. Obama 2012- by a landslide. I have to believe that most people are sick to death of the obstruction and destruction. Goodbye tea party, goodbye republicans, die Fox “news.” Brainwashed fools- go back to school. This time, find a good one.

        1. Guess what,
          I think the conservative wave that had swept the world a few years ago is starting to wane. I am starting to see it here in Canada as they were given their chance and we see it is still the same old, same old. In fact even worse as they are spending more than previous liberal governments but on what? Bullets and Prisons….neither of which we need. People are growing sick of it. They are losing their jobs while th government is more concerned with tax breaks for corporations.

          An American judge said that Samsung is not ripping off Apple….look inward at yourselves before crapping on others. Blaming others for your problems is supposedly a liberal trait (according to conservatives). This is not what I see here.

          1. Corporations employ about a third of the workers in the US. Tax breaks can be an inventive to hire people. Taxing corporations more certainly won’t lead to more non government jobs, and it could lead to more layoffs.

            What exactly is your plan to increase the level of non government employment? Or do you think we should just have the government employ everyone and abolish private companies and employment?

            1. I am not saying that we should tax them more. I am saying not to cut their current taxes. I have heard the argument that you put forth about cutting corporate taxes will let companies hire more people. However, from what I have seen in the literature, cutting these taxes RARELY produce that result. The extra profits just get diffused to other areas but not towards employment increases.
              And twilight, please re-read your last statement. I think you will find it both rhetorical and silly at the same time.

        2. First 2010 – if you actually understood numbers and what those graphs represent, you’d know they don’t support any notion that the either side will win the next general election. All it shows is that most democrats think of themselves as moderate or liberal, and more republicans think of themselves as conservative or extremely conservative (aka, extremist). Like anyone needs a poll to tell them that . . . .

      1. We conservatives had better hold on to our guns and our religion, because, if this socialist gets another 4 years we can say farewell to the ‘American way of life” and ‘American exceptionalism’. One world order will engulf us all. The only thing left will be, what color shirts we’ll all wear?

        1. Don’t just hold on, bitterly cling to them, as the abject joke that sits in the oval office between rounds of golf once so eloquently read off his teleprompter.

        2. The only things exceptional about America are the belief that there’s such an animal as ‘American exceptionalism’ and the fixed refusal to understand that the American Empire is crashing and burning as we speak.

          America, in its insane support of the War industries, has bankrupted itself. The next manufactured enemies to be dealt with (hello, Iran, hello North Korea) will only divert the American people momentarily.

          It’s ironic that your only reason to oppose the New World Order (sic) is if it’s not the the New American World Order. Our way or the highway.

    2. That is pretty stupid blaming the current president for this. You act like there has never been a Republican president. Does this mean that Korea and China never, EVER, copied anything when Bush was in power? C’mon, get off this stupid hatred thing. There are many good Koreans, but Samsung is a dickhead company. Try to separate the two you racist moron.

      1. Buster, Obama is the current president. Part of being president is you get to take responsibility for the welfare of the country. That’s the job Obama ran for and swore an oath for.

        You don’t get to call people racist for expecting and demanding Obama do his job that he ran for and got elected to. This is not about race, it’s about job performance.

        If you think Obama is doing a good job as president, argue that and make your case. Leave the race card at the door.

  3. Apparently, the Dutch judges are blind and incompentent in this matter. It’s a shame.

    Apple should focus on technology in their battle against Samsung. So software patents instead of design matters.

    1. I don’t blame Dutch judges specifically for their stupidity. After all the same stupid decision was reached in the U.S. in a court in San Jose, California by Judge Lucy Koh. And ditto for the courts in Germany, UK and Australia.

      We can conclude that pursuing IP infringement redress through the legal system is a complete waste of time and money. $500 million spent on legal fees and nothing to show for it. That $500 million could have paid for research & development on:

      – 4.5″ iPhone.
      – 7″ iPod touch maxi.
      – resolution independence on iOS.
      – 15″ MacBook Air.
      – better, longer lasting battery technology.

      But instead Apple continues to throw money into the toilet seeking the nuclear option.

      1. I’m seeing a trend here…

        Ballmer’s left nut in the year 2020:

        – 2 foot iPhone
        – 6 foot iPod touch maxi
        – resolution independence from independence on iOS
        – 8 foot Macbook Air

        i.e. this dipshit heard of a rumored iPhone 5 with a 4″ screen and immediately bumped up an additional 1/2 inch to his repetitive “requirements” … for the love of common sense, BLN, buy an Android. If the grass is always greener, go there. You’ll never be satisfied, and we’ll be hearing your tripe otherwise.

  4. Twilightmoon
    Somebody writes ‘Those filthy Koreans will rob you, kill you, rob you again, and then go looking for your mother.’ and you are upset at me calling the person racist.

    You are an example of what is wrong with the USA today if you do not find something wrong with that statement.

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