Netherlands: Samsung in violation of Apple patents - UPDATED

Judge bans trading of Samsung smartphones Galaxy S, S II and Ace.
Written by Adrian Kingsley-Hughes, Senior Contributing Editor

A judge at The Hague in the Netherlands has issued a ruling which states that Samsung is in violation of Apple patents.

Three Samsung smartphone handsets are affected:

  • Galaxy S
  • Galaxy S II
  • Ace

These handsets violate Apple patent EP 2,058,868. An EU wide ban has been placed on the trading of these handsets and will remain in place until October 13.

Also part of the ruling is the judgement that Samsung's Galaxy Tab 10.1 and 10.1v also violate Apple patents, but at present it is unclear whether these have been banned.

Full verdict will be published later today.

[UPDATE 2: Here's the upshot now the ruling has been published via Jan Wilderboer:

- Samsung can continue to sell current Galaxy phones and must provide a trivial change to the picture gallery in the next 7 weeks. - Samsung can continue to sell the Galaxy Tab. - Apple has LOST all design and copyright related claims. - Apple has LOST the infringement claim on one patent and the court deemed a third patent broken anyway.]

[UPDATE: An important point made on FOSS Patents blog:

'In legal terms, the order does not bind Samsung's Korean parent company -- only three different Samsung subsidiaries registered in the Netherlands -- with respect to other countries than the Netherlands. However, it is my understanding that Samsung's European logistics use the Netherlands as the primary hub. If Samsung's Korean parent company wants to exercise its freedom to ship into other European countries despite this injunction, it will have to reorganize its logistics chain in Europe accordingly.'

Official order here.]

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