Original URL: http://www.theregister.co.uk/2012/11/28/older_samsung_mobile_phones_dutch_ban/

Apple sticks finger in dyke, cuts off Dutch flood of Galaxy S, SII, Ace

What was it like before the patent wars, mummy?

By Brid-Aine Parnell

Posted in Law, 28th November 2012 17:28 GMT

Samsung Galaxy products which run Android 2.2.1 to 2.3.7 - the Galaxy S, SII and Ace - have been banned in the Netherlands after a Dutch court ruled that the devices infringe an Apple scrolling patent that relates to how a user swipes through photo galleries.

The court said that Samsung's pre-Android 3.0 gear is using the patented Apple way of scrolling through a photo gallery, which lets you see a bit of the next image before it bounces back. The photo-scrolling patent is covered by European Patent 2 059 868.

Samsung said that it had already dealt with that issue back when preliminary proceedings in the case led to the Galaxy S, SII and Ace getting banned. The Korean firm claims to have stuck a workaround in its galleries that flashes blue to show the edge of an image instead.

But the court's panel of judges said that the firm had failed to provide them with evidence of the change so the S, SII and Ace would stay banned. The ruling added that Samsung would have to pay Apple €100,000 ($129,000) for every day that it violates the ban.

The panel also ordered the company to tell Apple how much net profit it had made from selling the infringing products since June last year. A separate hearing will use the figures to decide how much Sammy should give iPhone-maker. ®