Edible Apple

While a Dutch Court today issued an injunction preventing Samsung from selling its Ace, Galaxy S and Galaxy S II smartphones in Europe, it wasn’t a thorough victory for Apple.

First of all, the injunction only applies to Samsung smartphones running Android 2.3. Android 3.x devices aren’t in play in the Netherlands court which is why the initial injunction didn’t apply to the Galaxy Tab.

And as for the court’s ruling, the Judge ruled that Samsung’s smartphones do not infringe on two of Apple’s claimed patents, design rights, and copyrights. That said, the only infringing aspect of Samsung’s Galaxy smartphones, according to the judge, relate to an Apple patent concerning how  users scroll through a photo gallery via multitouch gestures. You can check out the patent in question here.

Consequently, a Samsung lawyer today told Tweakers.net that the company will continue selling its smartphones and will adjust the infringing software as to not infringe upon Apple’s software.

Samsung will create new instances of the Galaxy and Galaxy II S Ace Gallery, a new application set that does not infringe the patent EP 2058868 Apple. Thereby making the machines not infringe on Apple’s patent and the devices can simply be used.

“The ban has been based on the method of scrolling in the Gallery. If it is replaced, there is no reason to maintain the ban on selling,” said Samsung’s lawyer Bas Berghuis of Woortman.

Furthermore, a statement from Samsung in the wake of the court’s ruling was overwhelmingly positive. The Judge’s dismissal of the bulk of Apple’s claims was viewed with glee from the Korean-based handset manufacturer.

“Today’s ruling is an affirmation that the Galaxy range of products is innovative and distinctive,” Samsung’s statement said.

“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. This ruling is not expected to affect sales in other European markets,” the statement continued.”