Linked by Thom Holwerda on Wed 24th Aug 2011 13:58 UTC
Legal Breaking news from my swamp home country The Netherlands: the Dutch court has just banned the sales of all Galaxy S, SII and Ace smartphones in the entire European Union. The judge has ruled that Android 2.x violates Apple's 868 patent which covers scrolling through photos on a touchscreen. Only this one patent is violated - the complaints about two other patents as well as the design patents has been thrown out. In other words, the judge did not agree with Apple that Samsung is copying Apple's design. The injunction only covers the Galaxy smartphones, since they run Android 2.x; Android 3.0 does not violate the patent in question, and hence, sales of the Galaxy Tab 10.1 can continue. In fact, only the Gallery application violates the patent in question, and Samsung has already stated it is going to replace this application on all new Galaxy smartphones from now on - sales won't even be interrupted. In other words - two patents thrown out, design stuff rejected, and only one patent complaint upheld which will cause no harm to Samsung. Apple just scored a meaningless victory. The Dutch court order is here. The pictures speak thousands of words.
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RE[3]: I Am Confused
by JAlexoid on Thu 25th Aug 2011 12:29 UTC in reply to "RE[2]: I Am Confused"
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Pretty much yes. As long as the device is unknown at the moment of development. If it's firmware for a very specific model of device then it's patentable. (Or at least, that is how I understand EPO's and other courts' explanations)

So, if you have a patent on a device function by software all iOS apps will infringe, while Android apps will not. iOS is a device specific OS, Android is a generic OS. (My interpretation)

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