updated 09:10 am EDT, Wed May 21, 2014
Found guilty of infringing Apple 'bounce back' patent
The Court of Appeal in The Hague has upheld a lower court's finding that Samsung copied Apple's "bounce back" patent, and has thus issued a sales injunction on not only the accused devices but any current or future ones that Samsung may be selling that also violate the patent. All of the original accused products are now off the market; however, the ruling also has implications for Google and its Android operating system, some versions of which also infringe the patent.
Google has been challenging the validity of Apple's US patent on the "bounce back" technique, but has not yet won any victories over the patent. The sales ban issued by the court covers only Samsung products that infringe, even if the actual infringement is part of a stock install of Android -- but Apple could conceivably now use the decision to go after Google directly over its own copying of the technique. Samsung has since developed a workaround alternative "blue flash" technique to signal users they have reached the end of a list.
This is the first time that a sales ban against Samsung has applied to any future products that might infringe, effectively requiring Samsung to never use the technique, and to change any instances of Android that employ it in Samsung's products. The specifically-accused products that were found guilty of copying Apple's patent include the original Galaxy S, SII and Ace line of Samsung smartphones. The "bounce back" patent was also part of the first Apple-Samsung trial, in which Apple was awarded nearly a billion dollars over wide infringement by Samsung.