When it comes to avoiding a recall or ban (or both) on your products, Samsung has a new move that could help you out: claim your product doesn’t work as well as the competition. On trial in the Netherlands, Samsung is looking to avoid a ruling that would force the company to recall and ban their Android Galaxy devices because it infringes on Apple’s multitouch patents. According to Reuters, Apple argued in court that Samsung infringes on a multitouch patent called “touch event model” and the phone should be banned from being sold in the Netherlands.

It seems that Samsung’s lawyers argued the following:

[quote]While Apple’s technology is a “very nice invention,” the technique used in Android differs from the iOS solution, argued Bas Berghuis van Woortman, one of Samsung’s lawyers. Because the Android based method is more hierarchical the system is more complex and therefore harder for developers to use, he said … In addition, Apple devices disallow touch input in sections of the screen on the OS level, while Android does that on the application level, he said. Both are reasons Samsung’s Android devices do not infringe on the patent, he added.[/quote]

It sounds like complexity and seamless integration are a differentiator that, according to Samsung’s lawyers, validate their arguments that Samsung did not infringe on Apple’s patents. Had Samsung actually infringed on Apple’s multitouch patents, their system would be easier for developers to use. Apple’s lawyers obviously didn’t buy the logic, stating: “They suggest that they have a lesser solution, but that is simply not true.” Apple’s lawyers then went on to argue that the systems are similar enough to warrant the ban and recall of the Galaxy lineup.

File this one under bizarre arguments in court during an Apple versus Samsung trial. At this point, the book’s almost full. If you want more on the bizarre legal battles between Samsung and Apple, check out our Legal Battles section.

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