Hague court: old Galaxy violate Apple patents

Apple has the Hague substantive proceedings against Samsung on the picture scroll patent won. But only Galaxy with Android 2.2.1 to 3.0 where photos 'spring back' on the screen making infringement.

The Apple vs. Samsung saga continues. Today, the Hague court ruled that Samsung Galaxy devices indeed infringe on Apple's photo scrolling patent EP 2059868. Apple has the right to compensation, but much remains unclear. (See judgment below).

Patented spring back when scrolling
The patent protects the Apple scrolling of photos in a gallery. In a small swipe the photo springs back (this also happens when the edge of a zoomed picture is reached). Last year ruled the Hague court in interlocutory proceedings that have different Galaxy devices This technique imitating and thus infringed.

Since then, Samsung has released updates that the rebound replace a short flashing blue glow on the edge.

The court is now in the bottom case to the same conclusion: the old way of scrolling in Galaxy infringes. Only Galaxy with Android 2.2.1 to 3.0, since the end of June 2011 in the Netherlands on the market and did not update to the rebound of pictures replaced with a blue glow, making infringement, the court judges.

Unrecognized compensation
However, Apple has no right to any profits Samsung achieved with these devices, but only if those profits attributable to the specific offending feature. The possible damages seems very limited, this must be determined in separate proceedings. Samsung should be within 8 weeks of the exact net profits of the infringing Galaxy's submission to Apple. If Samsung is infringing Galaxy's on the market, then threaten penalties of $ 100,000 per day.

Samsung Benelux, said in a statement "disappointed" to be: "Apple wants to restrict consumer choice and innovation discourage their excessive and incorrect legal claims ... We take all possible measures to protect consumer choice in the Netherlands."

In October the Hague court has ruled that Samsung and Android did not infringe on Apple multitouch patent .

Global patent war
The litigation is part of a worldwide patent war between the two tech giants. In America achieved a resounding victory Apple and Samsung have the jury over a billion dollars to pay damages. In December, it becomes clear that this jury verdict intact.

http://webwereld.nl/nieuws/112600/haagse-rechter--oude-galaxy-s-schenden-apple-patent.html