“Samsung already lost a case over the same patent after preliminary proceedings in the Netherlands last year, leading to a sales ban on the then-infringing Galaxy S, SII and Ace,” Essers reports. “After the verdict, Samsung adjusted its photo gallery software as a work around, and said it stopped delivering infringing products to clients as of the end of August 2011. ‘The argument raised by Samsung at the hearing that Samsung Benelux does not sell the infringing products any more, cannot lead to a rejection of the ban,’ wrote judge Peter Blok, who presided over the panel of three judges in the verdict. Blok said he would grant the ban because Samsung refused to sign a declaration of abstinence committing to not infringing the patent.”
Essers reports, “The court ordered Samsung to tell Apple how much net profit it made from sales of infringing Galaxy products since June 27, 2011. A separate court procedure will determine how much of that profit Samsung must pay Apple. If Samsung continues to infringe on the patent, it has to pay Apple a penalty of 100,000 euros (US$129,000) for every day it violates the ban, the court ruled.”
Read more in the full article here.
MacDailyNews Take: Yet another loss for the serial IP infringer Samsung.
[Thanks to MacDailyNews Reader "Jake" for the heads up.]