Apple wins fresh Galaxy patent fight with Samsung in Dutch court

Summary:A number of Samsung phones, including the Galaxy and Galaxy S2, infringe on Apple's photo scrolling patents, a court in the Hague has ruled.

Galaxy SII
The Samsung Galaxy S2 is one of the devices infringing on Apple's patents, according to a Dutch court. Image: CNET

Older models of Samsung smartphones, including some from the Galaxy range, infringe patents held by Apple concerning scrolling of pictures, a Dutch court ruled on Wednesday.

Apple claimed that a number of Samsung devices had infringed on one of its patents for technology that allows users to scroll through a photo gallery -- a complaint that the specialised court upheld.

Specifically, the court in The Hague ruled that Galaxy devices including technology that allows for scrolled pictures to 'bounce back' are in violation of Apple's patent EP 868. The affected Samsung handsets are those running Android versions 2.2.1 up to 3.0 but which do not have so-called Blue Flash update. Blue Flash replaces the 'bounce back' effect when which a blue-ish halo effect that appears when a user scrolls to the boundary of a gallery.

Samsung devices with the bounce back feature have been sold on the Dutch market since June 2011, and include the Galaxy Ace, Galaxy S and Galaxy SII.

In terms of damages, Apple demanded the full profit that Samsung Benelux made on the Dutch market from the devices with the patent-infringing features. But, while the judge decided that some form of compensation is in order, the sum should only be based on the profit made because of the specific feature.

The court ordered Samsung to hand in exact sales figures of the infringing Galaxy devices to Apple within eight weeks. Also, Samsung faces a penalty of €100,000 for each day Galaxy devices with the bounce back feature are available on the Dutch market.

Samsung told Dutch publication Webwereld that it is disappointed in the verdict, claiming Apple is limiting choice for consumers. It called the claims made by Apple are "excessive" and "legally unsound".

The case is part of a wider battle Apple and Samsung are fighting in the Netherlands and Belgium, which in turn is one of a number of theatres in the ongoing global patent war between the two rivals. Last month, the same court ruled that Samsung did not violate Apple held patents covering multitouch technology.

Also, Apple lost a case in Dutch court around the Cupertino outfits claim the Galaxy Tab's design copied the iPad's. Apple has appealed and taken the case to the Dutch High Court. 

Topics: Apple, Mobility, Patents, Samsung

About

Michiel van Blommestein is a Dutch journalist who has been living in Poland since 2010. He worked as a technology journalist in the Netherlands before moving to Poland to work as a regular correspondent for various news outlets. He still loves the bits and bytes though.

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