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Apple scores Dutch ban on Samsung Galaxy devices

Court rules Samsung infringes an Apple patent in its smartphones and tablets
Wed Nov 28 2012, 16:53
Apple iPhone fighting Samsung Galaxy SIII

A DUTCH COURT has ruled that Samsung infringes an Apple patent in its Galaxy smartphones and tablets, awarding a court victory to the Iphone maker.

The Hague ruled on Wednesday that Samsung's Galaxy devices running Android versions 2.2.1 to 3.0 infringe an Apple patent. The patent in question relates to the way Samsung's devices scroll through a photo gallery using touch, and the pinch-to-zoom gesture used within the app.

Whatever patent it is, Samsung is not going to be pleased, as the court has ordered the Korean vendor to pay Apple damages determined by how much profit it has made from the devices in question, Reuters reports. Samsung must pay Apple a penalty of €100,000 ($129,221 or £80,779) for every day it violates the ruling, Judge Peter Blok added.

The Dutch court has also banned sales of the Galaxy devices that infringe the patent, although it's still unclear which Samsung products will be yanked from the shelves. However, these are likely to be older devices, so the ban shouldn't affect Samsung much.

Samsung said to The INQUIRER, "Samsung is disappointed with the court's ruling. Apple has been trying to limit consumer choice and discourage innovation through their excessive and flawed legal arguments.

"We remain confident that our products are unique, and we will continue to take all available measures to protect consumer choice in the Netherlands."

This isn't the first time Samsung has been found to infringe this Apple patent, as the two firms went through a similar battle in a Dutch court last year. To avoid seeing a sales ban on the Galaxy S2 and Galaxy Ace, Samsung tweaked the photo gallery feature on its smartphones, but clearly forgot to remove the feature from its older devices.

Neither Samsung nor Apple has responded to our request for comment. µ


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