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November 29, 2012

Dutch Court Sides With Apple, Bars Some Samsung Galaxy Devices in Netherlands

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Apple has scored yet another victory in its ongoing patent war with Samsung: a ban on a number of Samsung Galaxy devices in the Netherlands.

Sales of Samsung Electronics’ Galaxy products that violate Apple’s patent involving the navigation interface in photo galleries were barred by the Court of The Hague Nov. 28.

The ban includes Galaxy products powered by Android 2.2.1 and higher that don’t use Samsung’s proprietary photo gallery software.

Samsung is accused of copying iOS software that contains a bounce-back feature when scrolling through photos. Samsung’s software substitutes the bounce-back feature with a “blue flash” that lights up the edge of the image.

Samsung has already lost a case on the same patent after preliminary proceedings in the Netherlands in 2011. A sales ban on the Galaxy S, SII and Ace was enacted, according to a Computerworld report.

Samsung has since made changes to its photo gallery software and has said, as of the end of last August, it no longer supplies the previous products to clients.

During the plea hearing in September, Samsung told the court it complied with the former verdict and now uses only original technology in its products sold in the Netherlands, Computerworld reported. The company, however, did not provide proof, which irritated the judges.

“The argument raised by Samsung at the hearing that Samsung Benelux does not sell the infringing products any more, cannot lead to a rejection of the ban,” wrote judge Peter Blok, who presided over the three-judge panel.

Blok said he would approve the ban due to Samsung’s refusal to sign a promissory note to no longer breach the patent.

According to Slash Gear, the court has ordered Samsung to report to Apple its net profit from sales of its Galaxy products featuring the offending software since June 27, 2011.

Another court will then decide the portion of that profit Samsung must pay to Apple.

If Samsung continues to breach Apple’s patent, the South Korean firm will be forced to pay Apple $129,000 for every day it does not adhere to the ban.

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