Dutch court bans Samsung's Dutch subsidiaries from selling three smartphones
-- Selling ban effective Oct. 13
-- Selling ban forces Samsung to rework European logistics to sell phones outside the Netherlands
-- Dutch court says Samsung violated one Apple patent
-- Dutch court rejects other claims of Apple against Samsung as slavish imitation
(Rewrites throughout)
By Archibald Preuschat
Of DOW JONES NEWSWIRES
AMSTERDAM (Dow Jones)--A Dutch court Wednesday banned certain Dutch subsidiaries of Samsung Electronics Co. Ltd. (005930.SE) from selling three of its smartphones in most of Europe saying they violate a patent of iPhone producer Apple Inc (AAPL), forcing the South Korean handset maker to rework its logistics in Europe.
The court, based in The Hague, ruled that Samsung and three of the company's Dutch subsidiaries violated Apple's patent on the scrolling method and the browsing gallery used in its smartphones Galaxy S, S II and Ace, but rejected all Apple's other claims against its South-Korean competitor, including violating registered designs, copyrights and style imitation.
The ruling doesn't apply to Samsung's latest tablet computer, which was released earlier this summer and runs on Google Inc.'s (GOOG) Android operating system, and is widely considered the most promising competitor to Apple's iPad.
The Dutch court's ruling is the latest development in a string of legal battles between the U.S. iPhone producer and the South-Korean consumer electronics manufacturer.
Apple in April sued Samsung in a California court, alleging that the South Korean manufacturer infringed its patents and "slavishly" copied its designs.
Earlier this month, Apple won an agreement from Samsung that the South Korean company wouldn't sell the newest version of its Samsung Galaxy Tab in Australia until a patent lawsuit in the country is resolved.
An Apple spokeswoman Wednesday reiterated the company's earlier statement that Samsung had copied its products and that it is protecting its intellectual property.
A Samsung spokesperson said, "the ruling is an affirmation that the Galaxy range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphones to Dutch consumers."
The Samsung spokesperson also said "that the ruling is not expected to affect sales in other European markets."
While Samsung's Dutch subsidiaries are banned from selling the devices in European countries with effect from Oct. 13, the ban doesn't apply to Samsung South Korea which can still import the devices elsewhere in Europe, although not in the Netherlands.
However, given the Netherlands is an important distribution hub for Samsung's European imports, the company will have to rework its logistics if it wishes to continue selling the devices elsewhere in Europe.
-- Selling ban effective Oct. 13
-- Selling ban forces Samsung to rework European logistics to sell phones outside the Netherlands
-- Dutch court says Samsung violated one Apple patent
-- Dutch court rejects other claims of Apple against Samsung as slavish imitation
(Rewrites throughout)
By Archibald Preuschat
Of DOW JONES NEWSWIRES
AMSTERDAM (Dow Jones)--A Dutch court Wednesday banned certain Dutch subsidiaries of Samsung Electronics Co. Ltd. (005930.SE) from selling three of its smartphones in most of Europe saying they violate a patent of iPhone producer Apple Inc (AAPL), forcing the South Korean handset maker to rework its logistics in Europe.
The court, based in The Hague, ruled that Samsung and three of the company's Dutch subsidiaries violated Apple's patent on the scrolling method and the browsing gallery used in its smartphones Galaxy S, S II and Ace, but rejected all Apple's other claims against its South-Korean competitor, including violating registered designs, copyrights and style imitation.
The ruling doesn't apply to Samsung's latest tablet computer, which was released earlier this summer and runs on Google Inc.'s (GOOG) Android operating system, and is widely considered the most promising competitor to Apple's iPad.
The Dutch court's ruling is the latest development in a string of legal battles between the U.S. iPhone producer and the South-Korean consumer electronics manufacturer.
Apple in April sued Samsung in a California court, alleging that the South Korean manufacturer infringed its patents and "slavishly" copied its designs.
Earlier this month, Apple won an agreement from Samsung that the South Korean company wouldn't sell the newest version of its Samsung Galaxy Tab in Australia until a patent lawsuit in the country is resolved.
An Apple spokeswoman Wednesday reiterated the company's earlier statement that Samsung had copied its products and that it is protecting its intellectual property.
A Samsung spokesperson said, "the ruling is an affirmation that the Galaxy range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphones to Dutch consumers."
The Samsung spokesperson also said "that the ruling is not expected to affect sales in other European markets."
While Samsung's Dutch subsidiaries are banned from selling the devices in European countries with effect from Oct. 13, the ban doesn't apply to Samsung South Korea which can still import the devices elsewhere in Europe, although not in the Netherlands.
However, given the Netherlands is an important distribution hub for Samsung's European imports, the company will have to rework its logistics if it wishes to continue selling the devices elsewhere in Europe.
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