Justice will prevail. The European Courts have once again reinstated the faith in justice. Apple today lost its monopolistic battle against Samsung and Android.

Jan Wilderboer, a FOSS evangelist, writes on his blog, "Apple has LOST all claims wrt the European patent 2098948. The court thinks that the European patent 1964022 is worthless and will be thrown out in reexamination anyway. The only thing that remains is the european patent 2059868. And the claims of that patent can be circumvented in trivial ways."

One of the major defeats for Apple is that the court has given green signal for Galaxy Tabs sales. Samsung is free to sell tablets.

Jan concludes, no matter what alarmists will tell you, net result is:

* Samsung can continue to sell current Galaxy phones and must provide a trivial change to the picture gallery in the next 7 weeks.
* Samsung can continue to sell the Galaxy Tab.
* Apple has LOST all design and copyright related claims.
* Apple has LOST the infringement claim on one patent and the court deemed a third patent broken anyway.

The FOSS world was certain of this victory.

According to Jan, "The court has used the Knight-Ridder Newspad as an example and explained that Apple failed to convince the court that the knight-Ridder Newspad was unknown in the important circles. I would say that’s a huge loss."

The only remaining patent in question is related to Android 2.3 and has nothing to do with Android 3.0. As Google is moving towards IceCream Sandwich, the patents in question will be useless.

As far as Galaxy series phones are concerned the court has given Samsung seven weeks plus one day to fix the issues related to the patent #2059868. If Samsung can circumvent the patent, it will be free to sell it even after seven weeks. Note to be made, Samsung is free to sell all Galaxy phones for this period. It is quite certain that 7 weeks is enough time for Samsung to find a work-around.

This is a huge victory for Android and further boost the trust in the platform. The court decision has dented Apple's position as well is reputation. While Android and Samsung have emerged as winners, Apple turned out to be a bully who can't handle competition in a healthy way.

The future is build on innovation and not litigation.