We just reported that the preliminary injunction Apple recently won against Samsung in a German court was partially suspended. This injunction was to go into effect for the entirety of the EU, except for the Netherlands, because Apple was already embroiled in a similar legal battle with Samsung in that country.
Since then, we have covered some of the details surrounding the Dutch suit, and today, we have a verdict ahead of schedule. The judge has ruled that Samsung’s subsidiaries are banned from selling the Galaxy smartphones in most of the EU from October 13th onward. This ban does not include the Samsung Galaxy Tablets. However, the ban does specifically note the Galaxy S, Galaxy S II, and Ace phones.
It’s arguable that the judge’s ruling is pretty constrained as compared to Apple’s demands. Specifically, Apple claimed that Samsung copied the look and feel, and functionality of their devices. The judge ignored those claims, and instead ruled that Samsung violated an Apple patent related to gestures used to switch between photos in a gallery app.
The ban will at least stick in the Netherlands, but may or may not effect other jurisdictions due to a lapse in the patent, and Apple lack of documentation and payment of fees.
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