A Dutch court has located Samsung guilty of?infringing an Apple patent relating to photo management, and ordered a Europe wide ban on the sale of Samsung Galaxy smartphones from October 13th. The Galaxy Tab, Samsung?s iPad rival, has not been named within the injunction and its sales would stay unaffected in this region.The patent in question, titled ?Portable Electronic Device for Photo Management?,?illustrates the idea of swiping by way of a gallery of images on a touchscreen device.?Samsung?s Galaxy smartphones, which run on Android two.three, incorporate this idea of swiping via images. The Galaxy Tab however runs on Android three.0 (Honeycomb), which makes use of a various way of navigating via images, letting it off the hook.The injunction is applicable in all EU countries exactly where this patent is valid. Surprisingly several European countries like Austria, Italy and Romania don?t figure in this list considering that Apple failed to total the required procedures needed to file a patent in these regions.?Even so, a ban in Netherlands efficiently cripples Samsung?s whole European distribution channel because all of Samsung?s imports go by way of this location.The ban kicks in soon after 7 weeks, which implies Samsung would really soon problem a patch for the image viewing software program on its smartphones?ensuring?that it doesn?t violate the patent in question. If the update is delivered inside this period of seven weeks, Samsung could?escape?the ban entirely and there could be no disruption inside the sale of its smartphones at all.Apple had sued Samsung claiming a violation of ten of its patents out of which nine had been rejected. So this is not precisely the victory Apple would have wanted, but nevertheless it does indicate that other Android phones have extremely high probabilities of infringing the photo management patent. In a response towards the ruling Samsung issued a statement which read:?Today?s ruling is an affirmation that the Galaxy range of merchandise is innovative and distinctive.?With regard towards the single infringement cited within the ruling, we will take all feasible measures such as legal action to guarantee that there is certainly no disruption within the availability of our Galaxy smartphones to Dutch consumers?As the statement indicates, the legal tussle among Apple and Samsung is nowhere near an finish.?Samsung has adopted an fascinating technique to defend itself against an iPad style patent inside the US. Samsung cites Stanley Kubrick?s ?2001: A Space Odyssey? movie as prior art against iPad style patent.Apple had earlier obtained a equivalent injunction against the Galaxy Tab, which was later suspended more than doubts on whether or not a German court had the correct to order a Korean based firm to quit selling its merchandise.[BBC by way of FOSS Patents
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