Dutch court orders ban of older Samsung devices

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Dutch court orders ban of older Samsung devices

Apple won a Dutch sales ban on some of Samsung Electronics’ older Galaxy tablets and smartphones after a Netherlands court ruled in its favor in a patent lawsuit.

Samsung’s Galaxy products using certain versions of Google’s Android operating system infringe an Apple patent describing a way to navigate images in a photo gallery, Judge Peter Blok said yesterday.

Samsung last year tweaked a feature on the smartphones to bypass a Dutch injunction. Yesterday’s ban concerns products that are still on the market with the old patent-infringing feature.

The two companies continue to clash over the intellectual property behind the $219 billion smartphone market, even after Apple settled all its lawsuits with HTC earlier this month. Samsung is trying to hit back after a California court ruled in August it had to pay $1.05 billion for copying Apple products.

Samsung must pay Apple a penalty of 100,000 euros ($129,440) every day it violates the ruling, the Dutch court said. Samsung also has to tell Apple how much profit it made from sales of infringing Galaxy products since June 2011. A separate court procedure will determine how much of that profit Samsung must pay Apple.

Separately, Samsung Electronics would argue Apple smartphones use its protected technology without authorization in a London trial starting yesterday.

Samsung claims Apple infringed patents key to how phones send and receive information on third-generation mobile networks. Apple argues the patents aren’t valid and, regardless, Samsung must license the technology’s use under fair terms if it’s vital for connecting to modern networks, according to the iPhone maker’s court filings.

The two companies continue to clash over the intellectual property behind the $219 billion smartphone market, even after Apple settled all its lawsuits with HTC earlier this month. Samsung is trying to hit back after a California court ruled in August it had to pay $1.05 billion for copying Apple products.

The London trial, which deals only with the validity of Samsung’s patents and whether Apple infringed them, will last three weeks. Damages or royalties Apple may owe to Samsung won’t be decided until later.

“We have at all times met our obligations to the fair and reasonable licensing of our standards patents,” Samsung said in an e-mailed statement. “However, Apple has refused to negotiate in good faith, and continues to use our patented technologies without any license. We will continue to take all appropriate measures to put an end to Apple’s free-riding.”

Intel, which makes computer chips for California-based Apple, has been licensed to use the Samsung patents, Apple said in its court documents. Apple hasn’t shown any interest in buying a license to use the technology, Samsung countered in its court filings.


Bloomberg

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