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Galaxy, Ace smartphone sales banned in Europe

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The Rechtbank ‘s-Gravenhage (a Dutch court in the city of The Hague) has issued a formally Europe-wide preliminary injunction against Samsung’s Galaxy S, Galaxy S II and Ace smartphones — but not the Galaxy tablets — at Apple’s request, reports “FOSS Patents” (http://macte.ch/4slR8). The decision follows a hearing held on Aug. 10 and 11.

Apple had filed an injunction at a court in The Hague on three patents, copyright as well as design infringements, to stop the sale of some Samsung products in the Netherlands and block their distribution in the EU via the Netherlands. The Dutch port of Rotterdam is the largest in Europe, and a key point of entry for imported goods for the European Union.

“The status of that patent varies between different countries … ” says Florian Mueller, writing for “FOSS Patents.” “While the patent was originally designated to more than 30 member countries of the European Patent Organization (which is not an EU organization and also includes non-EU members such as Switzerland), there are many countries in which the application wasn’t turned into a valid patent because Apple didn’t make the necessary administrative effort and pick up the related costs. Those countries in which Apple didn’t successfully pursue and complete a local registration include Austria, Belgium, Czech Republic, Estonia, Greece, Iceland, Italy, Latvia, Lithuania, Portugal, Romania, Slovenia, Slovakia, and Spain.”

Also, earlier this month, Apple won an agreement from Samsung that the South Korean company won’t sell the newest version of its tablet computer in Australia until a patent lawsuit in the country is resolved. The Samsung Galaxy Tab 10.1 infringes 10 Apple patents, including the “look and feel,” and touchscreen technology of the iPad, Steven Burley, a lawyer for Apple, told Federal Court Justice Annabelle Bennett in Sydney.

Apple sought an Australian injunction and also wants to stop Samsung from selling the tablet in other countries, Burley said without specifying where, notes “Bloomberg.” However, in June Samsung filed an International Trade Commission complaint against Apple, asking for an import ban against the iPhone, iPad and iPod.

— Dennis Sellers

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