FOSS Patents reports that a Dutch case with Apple claiming Samsung violated a number of its patents and requesting a ban of all Galaxy S Phones has reached a decision earlier than the Sept 15th deadline. A judge has ordered all subsidiaries to cease selling all Galaxy S and Galaxy S2 smart phones.
The judge rejected most of the patent claims by Apple, but the patent violation that was upheld was using swiping gestures between photos in the gallery application.
(photo vai MacRumors)
This applies only in countries where this patent is valid, since Apple neglected to provide the right documentation and fees in some countries. FOSS patents reports that
” Those countries in which Apple didn’t successfully pursue and complete a local registration include Austria, Belgium, Czech Republic, Estonia, Greece, Iceland, Italy, Latvia, Lithuania, Portugal, Romania, Slovenia, Slovakia, and Spain. Local registrations have apparently succeeded in Germany, Ireland, Sweden, Switzerland, and the UK — as well as the Netherlands, obviously.
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”
Samsung is going to alter its software in order to get away from court identified infringement, says the BBC. Samsung will also continue to fight Apple on these issues and notes that all but this patent were turned down by the court. Samsung basically has 7 weeks to adequately modify its software to steer clear of the infringement.
It appears as if Apple has made it’s first actual strike on Android in the courts, and will continue to do so.