A Dutch court, the Court of The Hague, placed a sales ban on some Samsung Galaxy products for infringing on an Apple patent that describes a way to scroll through a photo gallery using a touchscreen. The ban only applies to Galaxy products that run Android 2.2.1 and higher that don’t use Samsung’s own photo gallery software. Samsung will pay a penalty for each day that it violates the ban.
Apple’s patent describes a way to scroll past the edge of a zoomed-in photo and see a glimpse of the next series of images, with the initial picture bouncing back onto the screen. Samsung has reportedly used this technique in its Galaxy products. In Samsung’s own photo gallery software it replaces the bounce-back feature with a “blue flash” that lights up the edge of the image.
Samsung already lost a case over the same patent last year in the Netherlands, with a sales ban on the then-infringing Galaxy S, SII and Ace. Samsung had since stopped delivering infringing products after adjusting the infringing technique. In its defense for this trial, Samsung argued that since the last verdict it has used its own technology in all products in the Netherlands. Samsung didn’t provide proof of this though, which led to a guilty verdict.
Judge Peter Blok said Samsung’s argument wasn’t enough to prevent a sales ban, and he would grant the sales ban because Samsung refused to sign a declaration of abstinence promising not to infringe on the patent. Samsung just can’t let go of its cheating ways.
The court ordered Samsung to tell Apple how much net profit it made from the infringing products since June 27, 2011, which will determine how much of that profit Samsung owes to Apple.
If Samsung continues to infringe on the patent, it will be required to pay Apple a penalty of 100,000 euros (US$129,000) for every day that it continues to violate the ban.
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