Friday, August 26, 2011

Samsung Galaxy S, Galaxy S II and Ace Phones Gets A Preliminary Injunction In EU

Samsung Galaxy S, Galaxy S II and Ace Phones Banned Euro Wide,

The Dutch Court handed down a preliminary injunction on Samsung Galaxy S, Galaxy S II and Ace Phones after patent infringement claims by Apple. The injunction was based on one Apple patent, EP 2059868 - which outlines an interface for viewing and navigating photographs on a touchscreen phone. Which is an application shipped with Android OS, might be easily fixed by Android OS update. The Apple patent is also not valid in many European countries due to Apple's actions or lack of there of.
The judge also found that Samsung did not infringe on patent 2098948. The infringement of 2059868 does not affect the Galaxy Tab 10.1.
The time the injunction comes to play, might be enough for Samsung to alter the software to be free of infringement and continue to ship the devices.
The injunction is only on current devices and does not cover future devices that do not infringe the particular patent. The interim injunction prohibits sale of devices by three of the company's Dutch subsidiaries to the UK, France, Germany, Finland, Ireland, Liechtenstein, Luxembourg, Monaco, Sweden and Switzerland. The order does not bind Samsung's Korean parent company and if the logistics allow, Samsung can use Another European port to import phones.

The silver lining is that Dutch court rejected some of Apple's patent claims, like slide to unlock, as trivial and invalid. The court also rejected all other claims by Apple except the above mentioned patent, which is a software patent, despite the fact it is presented as a device patent.
Samsung was upbeat despite the injunction;

Today's ruling is an affirmation that the GALAXY range of products is innovative and distinctive. 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 smartphones to Dutch consumers. This ruling is not expected to affect sales in other European markets. Samsung has a proud history of innovation in the mobile industry. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world. Samsung Mobile's Kim Titus said in a statement.

Foss Patents, engadget


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