Samsung plans to get around a European sales injunction by releasing upgraded versions of three Galaxy smartphones, hoping for an alternate solution to its patent battles with Apple.
The South Korean-based tech company says its upgraded phones have new technology that solves a Dutch court's ruling that its Galaxy S, SII and Ace smartphones violate Apple's patent for scrolling through photos. A ban on the Samsung devices was scheduled to go into effect in the Netherlands after October 13.
"We've fixed the technological problem and upgraded products to address the issue. They will be shortly available for sale," said Samsung spokesman James Chung, declining to comment on a launch date.
Apple originally claimed the Galaxy smartphone line violated more of its patents and "slavishly" copied its design, but the court only ruled on the photo scrolling technology, giving Samsung a grace period of until Friday to solve the problem.
Companies typically come to settlements that involve paying licensing fees to the patent holder. Samsung's upgraded phones, though, may be a way around such product bans. Samsung's idea could also allow it to keep the lucrative Galaxy line on European shelves without having to pay royalty fees to Apple, taking a new approach to patent settlements.
The new Galaxy line was announced as Samsung awaits a court ruling in Australia tomorrow, which may temporarily ban its Galaxy Tab 10.1 and hinder pre-Christmas sales. The South Korean smartphone maker is also awaiting a decision in California about a potential sales injunction.
The two companies have lawsuits pending against each other in Germany, Japan, France, Australia, and South Korea, and both companies have also filed complaints with the International Trade Commission.
Chung, though, said Samsung may retool its devices in other countries where Apple seeks or already won injunctions against the South Korean company's smartphones and tablet computers.
"Some of the technologies that Apple claimed violated their patents can be easily modified with alternative technologies," said Chung.
