In the boldness of an Apple demand for a sales event Bachelor of Arts in Nursing on its Android products , Samsung told a Dutch court on Friday that in fact it has already changed the products so they no longer infringe . But the South Korean company ’s failure to offer evidence of the change exasperated the judges .
Apple is litigate Samsung in the Court of the Hague over apatentthat line a way to scroll through a photo gallery using finger gesture on a touchscreen .
Samsung hasalready lost a caseconcerning the same patent in the Netherlands after preliminary legal proceeding in August last twelvemonth , chair to a sales ban on the then - conflict Galaxy S , SII and Ace . Samsung adjusted the photo gallery software on those devices in October when it enter proprietary technology as a work - around for the infringing software .
Samsung has since changed all its products in the Netherlands to use its own technology , say Bas Berghuis van Woortman , one of Samsung ’s attorney during the hearing . There are no more Samsung mathematical product in the Netherlands that contravene on Apple ’s patent , he added .
However , Samsung failed to make this affirmation in its written supplication that was filed with the homage , which irritate the judges . “ And now at the hearing you come without any substantiation with the bare assertion that this is the case and that we should think you ? ” asked Rian Kalden , one of three judges reviewing the guinea pig .
Samsung could have meet Apple beforehand to correct the affair , Kalden said . The court is bind to rein on foundation of the written legal proceeding , she say .
Rutger Kleemans , one of Apple ’s lawyers , said Apple would still count Samsung ’s products as infringing on its patent , since Samsung has made no explicit dedication to use its proprietary technology in gadget that use Android 3 and higher . Although Samsung committed to changes in product using early versions of Android after the August finding of fact , it did not do the same for its more recent product , Kleemans suppose . Apple did not name the specific products that are still infringing on its patent , but instead indicate for a forbiddance based on Android versions used .
Samsung ’s lawyers disaccord . “ It is up to Apple to show where it is and where it is not used , ” said Berghuis van Woortman , of the infringing engineering .
Besides a ban on infringe products , Apple demand Samsung pay damages and share part of its profits from the infringing products . The judges will take six week to reach a finding of fact ; jurist Peter Blok , who presided over the squad of Book of Judges , said the court would rule on Nov. 14 .
