[EVO 4G General] AA27:
COURT IN THE HAGUE

Civil Law

Judgement interim order of August 24, 2011 (in advance)

in the case with case number / docket number: 396957 / KG ZA 11-730 of

the legal entity under foreign law

APPLE INC..,

based in Cupertino, California, USA,

Plaintiff,

Lawyer: Mr. P.J.M. von Schmidt auf Altenstadt in The Hague,

against

1. the company under foreign law

SAMSUNG ELECTRONICS CO., LTD. LIMITED,

located in Suwon City, Kyungki-Do, South Korea,

2. The private company with limited liability

Samsung Electronics Benelux BV,

established in Delft,

3. The private company with limited liability

SAMSUNG ELECTRONICS LOGISTICS EUROPE BV,

located in Rijswijk,

4. The private company with limited liability

SAMSUNG ELECTRONICS OVERSEAS BV,

established in Amsterdam,

Defendants,

Lawyer: Mr. B.J. Berghuis Woortman of Amsterdam,

and in the case with case number / docket number 396959 / KG ZA 11-731 of

the foreign law

APPLE INC..,

based in Cupertino, California, USA,

Plaintiff,

Lawyer: Mr. P.J.M. von Schmidt auf Altenstadt in The Hague,

against

1. the company under foreign law

SAMSUNG ELECTRONICS CO., LTD. LIMITED,

located in Suwon City, Kyungki-Do, South Korea,

2. The private company with limited liability

Samsung Electronics Benelux BV,

established in Delft,

396957 / KG ZA 11-730 and 396959 / KG ZA 11-731

August 24, 2011

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3. The private company with limited liability

SAMSUNG ELECTRONICS LOGISTICS EUROPE BV,

located in Rijswijk,

4. The private company with limited liability

SAMSUNG ELECTRONICS OVERSEAS BV,

established in Amsterdam,

Defendants,

Lawyer: Mr. B.J. Berghuis Woortman of Amsterdam.

The treated cases were joined. The parties will hereinafter Apple (plaintiff) and Samsung

(Collectively defendants) are named. For Apple, the cases handled by

mr R.M. Kleemans, mr ir T.M. Blomme and mr A.A.A.C.M. van Oorschot, all lawyers

Amsterdam. Samsung Cases handled by Mr. Berghuis of Woortman,

said, and Mr. A. F. Kupecz, Mr. Ch. Gielen and Mr. R.C. of Oerle, also all

lawyer in Amsterdam.

1. The procedure

1.1. The course of the proceedings appears in:

- The summons of 27 June 2011;

- Productions 1 to 24 (KG ZA 11-730) and exhibits 1 to 30 (KG ZA 11-730)

Apple;

- In both cases: statements of defense and including counter-claim, on July 20

Samsung 2011, with exhibits 1 to 21 (KG ZA 11-730) and exhibits 1 through

34 (KG ZA 11-731);

- The letter of July 21, 2011 Apple, which Apple objects to the requirements

counterclaim, and the response by letter dated July 22, 2011 by Samsung;

- The email of July 22, 2011, which the judge makes his decision

requirements that the counterclaims in both cases will not be treated as - briefly

said - they were contrary to a due process;

- The notes to productions of Samsung mailed by July 25, 2011;

- The letter of August 3, 2011 by Samsung, with additional production 22 to 47

(KG ZA 11-730) and additional production 35 to 59 (KG ZA 11-731);

- On July 28, 2011 letter received from Apple, with additional production 31 to 44

(In both cases), in which Apple's claims on Community Design

1260624-15 withdraws;

- The bookmark (with respect to the soft IP) Samsung sent by email 2

August 2011;

- The bookmark (in respect of the prior art for patents) sent by Samsung

email from August 4, 2011;

- The letter of August 5, 2011 Apple, with additional production 45;

- The letter of August 8, 2011 by Samsung, with additional production 60 to 66;

- The letter of August 8, 2011 Apple, with additional production 46 to 50;

- The letter of August 9, 2011 by Samsung, with additional production 67;

- The email of August 9th, 2011 Apple, with additional production 51;

- The hearing held on 10 and 11 August 2011, on the occasion

whose lawyers have submitted pleadings.

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1.2. By email from the August 10 hearing and documents are as out of time

denied. Furthermore, both in court and again on a provisional claim

submitted. After consideration, the parties have indicated this further consultation to this issue.

This consultation has resulted in the provisional claims need not be

decision, as communicated by email from Mr. Kleemans of August 12, 2011.

1.3. Sentence is determined by September 15, 2011 but will now advance to

be pronounced.

2. Facts

2.1. Apple is a global developer and manufacturer of computers,

consumer electronics, operating systems and software. Its products include

more the iPhone, a smartphone called, and the iPad, a tablet computer. Both

Apple products are in different versions on the market.

2.2. Apple is the proprietor of European patent EP 2059868 (hereafter EP 868) for a

"Portable Electronic Device for photo management", issued on September 29, 2010

application of 31 August 2007, claiming priority under seven U.S.

patent applications: U.S. 824769 P (September 6, 2006), U.S. 883785 P (January 6, 2007), U.S.

879 253 P (7 January 2007), U.S. 879469 P (January 8, 2007), U.S. 937 993 U.S. 947 118 P and P

(Both June 29, 2007) and U.S. 848210 (30 August 2007). Netherlands is one of the

gedesigneerde countries. Against the grant of EP 868 is the time to sue

no opposition.

2.3. The claims of EP 868 are in the original English language:

1. A computer-implemented method, comp rising:

at a device (100) with a touch screen (112):

detecting (2402) a first movement (2310) or a physical object on or near the touch screen

Display (112);

while detecting the first movement (2310), Translate (2404) a first digital object (2300-1)

indication, on the touch screen (112) in a first direction, wherein the first digital object

(2300-1) was associated with a set of digital objects, characterized in that:

In response to display of a Previously Hidden Edge (2312) of the first digital object (2300 -

1) and continued detection of the first movement (2310),

displaying (2406) an area (2314) Beyond the Edge (2312) of the first digital object (2300 -

1);

After the first movement (2310) is no longer detected, translate (2408) the first digital

object (2300-1) in a second direction (2316) Until The area (2314) Beyond the Edge (2312)

of the first digital object (2300-1) is an indication, no longer;

detecting (2410) a second movement (2318) or the physical object on or near the touch

screen display (112), and

In response to detecting the second movement (2318) Previously hidden while the edge

(2312) of the first digital object (2300-1) is an indication,, translate (2412) the first digital

object (2300-1) in the first direction and displaying a second digital object (2300-2) in the

set of digital objects.

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2. The computer-implemented method of claim 1, wherein, prior to the Translating while

detecting the first movement, at least one edge of the first digital object extends beyond the

touch screen in the first direction.

3. The computer-implemented method of claim 1 or 2, wherein the first movement is a

horizontal swipe gesture.

4. The computer-implemented method of any one of claims 1 to 3, wherein the set of digital

Objects is a set of digital images, a set of web pages, or a set of electronic documents.

5. The computer-implemented method of any one of claims 1 to 4, wherein the device is a

portable electronic device.

6. The computer-implemented method of any one of claims 1 to 5, wherein the physical object

a finger or a stylus.

7. A computer program with software code adapted to perform the method of any one of claims

1 to 6.

8. An electronic device (100), comp rising:

a touch screen (112);

One or more processors (120);

Memory (102), and

a program, wherein the program is stored in the memory and configured to be executed by the

One or more processors, the program Including:

instructions for detecting (2402) a first movement (2310) or on a physical object or

near the touch screen (112);

instructions for, while detecting the first movement (2310), Translate (2404) a first

digital object (2300-1) indication, on the touch screen (112) in a first direction,

wherein the first digital object (2300-1) was associated with a set of digital objects;

characterized in that:

instructions for, in response to display of a Previously Hidden Edge (2312) of the first

digital object (2300-1) and continued detection of the first movement (2310), displaying

(2406) an area (2314) Beyond the Edge (2312) of the first digital object;

instructions for, after the first movement (2310) is no longer detected,

Translate (2408) the first digital object (2300-1) in a second direction (2316) Until The

Area (2314) beyond the edge of the first digital object (2300-1) is an indication, no longer;

instructions for detecting (2410) a second movement (2318) or the physical object on or

near the touch screen (112), and instructions for, in response to detecting the

second movement (2318) Previously hidden while the Edge (2312) of the first digital

object (2300-1) is an indication,, translate (2412) the first digital object (2300-1) in the first

direction and displaying a second digital object (2300-2) in the set of digital objects.

9. The electronic device of claim 8, wherein, prior to the Translating while detecting the first

movement, at least one edge of the first digital object extends beyond the touch screen display

in the first direction.

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10. The electronic device of claim 8 or 9, wherein the first movement is a horizontal swipe

gesture.

11. The electronic device of any one of claims 8 to 10, wherein the set of digital objects is a set of

digital images, a set of web pages, or a set of electronic documents.

12. The electronic device of any one of claims 8 to 11, wherein the device is a portable electronic

device.

13. The electronic device of any one of claims 8 to 12, wherein the physical object is a finger or a

stylus.

2.4. The undisputed Dutch translation of EP 868's conclusions:

1. By a computer implemented method, comprising:

it in a device (100) with a display (112) Touch screen:

detecting (2402) of a first movement (2310) of a physical object on or near the

Display (112) touch screen;

during the detection of the first movement (2310) Moving (2404) of the

Display (112) touch screen with the first digital object (2300-1) in 1 / 1

direction, the first digital object (2300-1) involves a set of digital objects;

characterized in that

In response to displaying a previously hidden hoek1 (2312) of the first digital

object (2300-1) and continued detection of the first movement (2310), an area (2314)

appears beyond the edge (2312) of the first digital object (2300-1);

after the first movement (2310) no longer detected, the move (2408) of

The first digital object (2300-1) in a second direction (2316) until the area (2314)

beyond the edge (2312) of the first digital object (2300-1) will no longer appear;

detecting (2410) for half movement (2318) of the physical object on or near the

Display (112) touch screen, and

In response to detecting the second movement (2318) while the corresponding hidden

edge (2312) of the first digital object (2300-1) is displayed, the move (2412)

the first digital object (2300-1) in the first direction and displaying half

digital object (2300-2) in the set of digital objects.

2. By a computer implemented method according to claim 1, wherein, prior to

move during detection of the first movement, one edge of the digital

object is in the first direction extends past the display with touch screen.

3. By a computer implemented method according to claim 1 or 2, wherein the first

a horizontal movement sweeping gesture.

4. By a computer implemented method according to any one of claims 1-3,

where the couple a set of digital objects, digital images, a set of web pages or a couple

electronic documents.

1 This is a translation error. "A Previously hidden edge" is erroneously translated as "a pre-hidden corner" in

Instead of "edge".

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5. By a computer implemented method according to which any of claims 1-4,

whereby the device a portable electronic device is.

6. By a computer implemented method according to which any of claims 1-5,

where the physical object is a finger or a stylus.

7. Computer software code, designed for carrying out the method

according to which any of claims 1-6.

8. Electronic device (100) comprising:

a display (112) touch screen;

one or more processors (120);

a memory (102), and

a program where the program is stored in memory and configured

order to be executed by one or more processors, where the program includes:

instructions for detecting (2402) of a first movement (2310) of a physical object

on or near the display (112) touch screen;

how to move (2404), while detecting the first movement (2310),

1 / 1 of the display (112) with touch screen digital object (2300-1)

in a first direction, the first digital object (2300-1) involves a set of

digital objects, characterized by

instructions for displaying (2406), in response to display a previously hidden

edge (2312) of the first digital object (2300-1) and continued detection of the first

movement (2310), an area beyond the edge (2312) of the first digital object;

how to move (2408), after the first movement (2310) no longer

detected, the first digital object (2300-1) in a second direction (2316)

until the area (2314) beyond the edge (2312) of the first digital object (2300-1) are not

longer displayed;

instructions for detecting (2410) for half movement (2318) of the physical object

on or near the display (112) touch screen, and

how to move (2412), in response to detecting the second movement

(2318) while the corresponding hidden edge (2312) of the first digital object (2300-1) is

shown, the first digital object (2300-1) in the first direction and displaying

half of the digital object (2300-2) set in the digital objects.

9. Electronic device according to claim 8, wherein, prior to moving in

detecting the first motion, one edge of the first digital object

in the first direction extends beyond the display (112) touch screen.

10. Electronic device according to claim 8 or 9, wherein the first movement is a horizontal

sweeping gesture.

11. Any electronic device according to any of claims 8-10, where the couple

digital objects, a set of digital images, a set of web pages or a set of electronic

documents.

12. Any electronic device according to any of claims 8-11, whereby the

device comprises a portable electronic device is.

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13. Any electronic device according to any of claims 8-12, where the

physical object is a finger or a stylus.

2.5. In EP 868 includes images below.

2.6. Apple is also the proprietor of European patent EP 2098948 (hereafter EP 948)

for a "touch event model", issued on 9 February 2011 on an application by March 4

2009, by claiming priority of U.S. patent application with U.S. 42381

Date March 4, 2008. Netherlands is one of the gedesigneerde countries. The granting of

EP 948 until the moment of summon no opposition.

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2.7. The claims of EP 948 are in the original English text:

1. A method for handling touch events at a multi-touch device (200, 210), comp rising:

displaying one or more views (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,

312);

executing one or more software elements, software elements being associated Each with a

Particular view (301, 302, 303, 304, 305, 306, 307, 308, 309,310,311,312);

associate a multi-touch or flag an exclusive touch flag With Each view (301, 302, 303,

304, 305, 306, 307, 308, 309, 310, 311, 312), said multi-touch flag Indicating whether a

Particular view is allowed to receive multiple simultaneous touches and said exclusive

Indicating whether a flag touch Particular view Allows other views to receive touch events

while the view is Particular receive a touch event;

Receiving one or more touches at the one or more views (301, 302, 303, 304, 305, 306,

307, 308, 309, 310, 311, 312), and

selectively sending one or more touch events, Each touch event-describing a received

touch to one or more of the software elements associated with the one or more views

(301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312) at All which was a touch

received based on the values ​​of the multi-touch and touch exclusive flags.

2. The method of claim 1, Further comp rising:

if a multi-touch flag is associated with a Particular View, allo wing touch other events

contemporaneous with a touch event received at the Particular View to be sent to software

elements associated with the other views.

3. The method of claim 1, wherein if a multi-touch flag is associated with a Particular View, the

Multi-touch flag indicates whether the software element associated with Particular That view is

allowed to process multiple contemporaneous touches located in That view.

4. The method of claim 1, wherein the exclusive touch touch events from being Prevents flag

presented to software elements associated with views other than a view with an asserted exclusive

touch touch a flag while being received at the view with the touch asserted exclusive flag.

5. The method of claim 1, wherein the multi-touch device (200, 210) is a mobile telephone.

6. The method of claim 1, wherein the multi-touch device (200, 210) is a digital media player.

7. The method of claim 1, comp rising:

associate a multi-touch flag with a first view;

receive a first touch at the first view, the view being one of the first one or more views;

sending a touch event-describing the first touch to a first software element,

the first software component being one or the one or more software elements and associated

with the first view; Determining whether the multi-touch flag associated with the first

That view indicates the first view is a multi-touch view, and

if the first view is not a multi-touch view, blocking all touch-describing any other events

touches located in the first view Until The first touch is no longer received.

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8. The method of claim 7, Further comp rising:

associate an exclusive Touch With Each flag or the one or more views;

Determining whether the exclusive touch flag associated with the first view indicates That

The First View is an exclusive TouchView, and

if the first view is an exclusive TouchView, blocking all touch-describing any other events

touches located in any view other than the first view Until The first touch is no longer

received.

9. The method of claim 8, wherein the first view is not an exclusive TouchView, the method

Further comp rising:

receive a second touch at the multi-touch panel, touch the second located at a second

view and associated with a second software component;

Determining whether the exclusive touch flag associated with the second view indicates

thats the second view is an exclusive TouchView, and

if the second view is an exclusive TouchView, Prevent a touch event associated with

the second touch from being sent to the second software element Until The first no-touch

longer received.

10. The method of claim 9, Further comp rising:

if the second view is not an exclusive TouchView, sending a touch event-describing the

second touch to the second software element.

11. A computer readable medium comp rising a plurality of instructions configured for execution

at a multi-touch device (200, 210), the instructions being configured to cause the multi-touch

device (200, 210) to:

Display one or more views (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312);

execute one or more software elements, software elements being associated Each with a

Particular view (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312);

associate a multi-touch or flag an exclusive touch flag With Each view (301, 302, 303,

304, 305, 306, 307, 308, 309, 310, 311, 312), said multi-touch flag Indicating whether a

Particular view is allowed to receive multiple simultaneous touches and said exclusive

Indicating whether a flag touch Particular view Allows other views to receive touch events

while the view is Particular receive a touch event;

receive one or more touches at the one or more views (301, 302, 303, 304, 305, 306, 307,

308, 309, 310, 311, 312), and

selectively send one or more touch events, Each touch event received a touch-describing,

to one or more of the software elements associated with the one or more views (301, 302,

303, 304, 305, 306, 307, 308, 309, 310, 311, 312) at A Touch All which was received based on

the values ​​of the multi-touch and touch exclusive flags.

12. The computer readable medium of claim 11, wherein the instructions are configured to Further

cause the multi-touch device (200, 210) to:

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if a multi-touch flag is associated with a Particular View, allo wing touch other events

contemporaneous with a touch event received at the Particular View to be sent to software

elements associated with the other views.

13. The computer readable medium of claim 11, wherein if a multi-touch flag is associated with a

Particular view, the multi-touch flag indicates whether the software element associated with

Particular That view is allowed to process multiple contemporaneous touches located in That

view.

14. The computer readable medium of claim 11, wherein the exclusive flag Prevents touch touch

events from being sent to software elements associated with views other than a view with an

asserted exclusive touch flag while a touch is being received at the view with the asserted

exclusive touch flag.

15. The computer readable medium of claim 11, wherein the multi-touch device (200, 210) is a

mobile telephone.

16. The computer readable medium of claim 11, wherein the multi-touch device (200, 210) is a

digital media player.

17. The computer readable medium of claim 11, wherein the instructions are configured to Further

cause the multi-touch device (200, 210) to:

associate a multi-touch flag with a first view;

receive a first touch at the first view, the view being one of the first one or more views;

send a touch event-describing the first touch to a first software element, the first software

element being one of the one or more software elements and

associated with the first view;

determining whether the multi-touch flag associated with the first view indicates thats the

First View is a multi-touch view, and

if the first view is not a multi-touch view, block all touch-describing any other events

touches located in the first view Until The first touch is no longer received.

18. The computer readable medium of claim 17, wherein the instructions are configured to Further

cause the multi-touch device (200, 210) to:

associate an exclusive Touch With Each flag or the one or more views;

determining whether the exclusive touch flag associated with the first view indicates thats the

First View is an exclusive TouchView, and

if the first view is an exclusive TouchView, blocking all touch-describing any other events

touches located in any view other than the first view Until The first touch is no longer

received.

19. The computer readable medium of claim 18, wherein the first view is not an exclusive touch

view and the instructions are configured to cause the Further multi-touch device (200, 210) to:

receive a second touch at the multi-touch panel, touch the second located at a second view

and associated with a second software component;

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determining whether the exclusive touch flag associated with the second view indicates That

the second view is an exclusive TouchView, and

if the second view is an exclusive TouchView, Prevent a touch event associated with the

second touch from being sent to the second software element Until The first no-touch

longer received.

20. The computer readable medium of claim 19, wherein the instructions are configured to Further

cause the multi-touch device (200, 210) to:

if the second view is not an exclusive TouchView, send a touch event-describing the

second touch to the second software element.

21. A multi-touch enabled device (200, 210) including a computer readable medium comp rising a

plurality of instructions configured for execution at the device (200, 210), the instructions

being configured to cause the device (200, 210) to:

Display one or more views (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 11, 312);

execute one or more software elements, software elements being associated Each with a

Particular view (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312);

associate a multi-touch or flag an exclusive touch flag With Each view (301, 302, 303,

304, 305, 306, 307, 308, 309, 310, 311, 312), said multi-touch flag Indicating whether a

Particular view is allowed to receive multiple simultaneous touches and said exclusive

Indicating whether a flag touch Particular view Allows other views to receive touch events

while the view is Particular receive a touch event;

receive one or more touches at the one or more views (301, 302, 303, 304, 305, 306, 307,

308, 309, 310, 311, 312), and

selectively send one or more touch events, Each touch event-describing a

received touch to one or more of the software elements associated with the one or more

views (301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312) at All which was a touch

received based on the values ​​of the multi-touch and touch exclusive flags.

22. The multi-touch enabled device (200, 210) or claim 21, wherein the multi-touch enabled

device (200, 210) is a mobile telephone.

23. The multi-touch enabled device (200, 210) or claim 21, wherein the multi-touch enabled

device (200, 210) is a digital media player.

2.8. The undisputed Dutch translation of EP 948's conclusions:

1. Method for handling touch events on a multi-touch device (200,

210) comprising:

displaying one or more images (301, 302, 303, 304, 305,306, 307, 308, 309, 310,

311, 312);

performing one or more software elements, each software element

associated with a specific image (301, 302, 303, 304, 305,306, 307, 308, 309, 310, 311,

312);

associating a multi-touch tag or mark each with an exclusive touch

image (301, 302, 303, 304, 305,306, 307, 308, 309, 310, 311, 312), said

Multi-touch flag indicates whether a particular image multiple simultaneous touches can

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received this exclusive touch screen or a specific marker indicating the

for other images allows to receive touch events while

Specific events will receive a touch screen;

receiving one or more touches to one or more images (301, 302, 303, 304,

305,306, 307, 308, 309, 310, 311, 312), and

selectively send one or more touch events, each touch event

received a touch describing to one or more of the software elements associated

with one or more images (301, 302, 303, 304, 305,306, 307, 308, 309, 310, 311, 312)

a touch which was received based on the values ​​of the multi-touch and

exclusive touch marks.

2. Process according to claim 1, further comprising:

as a multi-touch marker is associated with a specific image, allowing the simultaneous

other manifestations of touch with a touch event received on a specific

image to be sent to the software elements associated with other

images.

3. Process according to claim 1, wherein a multi-touch marker is associated with

en2 specific image, the multi-touch flag indicates whether the software element associated

the particular image multiple simultaneous touches can process in that picture

are located.

4. Process according to claim 1, wherein the exclusive touch that prevents marker

Touch events are sent to the software elements associated with other

images than an image with a confirmed exclusive touch, while marking a touch

is received at the image me3 mark the confirmed exclusive touch.

5. Process according to claim 1, wherein the multi-touch device (200, 210) a mobile

phone.

6. Process according to claim 1, wherein the multi-touch device (200, 210) a digital

media player.

7. Process according to claim 1, comprising:

associating a multi-touch mark with a first image;

receiving a first touch in the first picture, with the first image of a

The one or more images is;

sending a touch event which describes the first contact to 1 / 1

software element, the first software element of a one or more software elements

and is associated with the first image;

determining whether the multi-touch marker associated with the first image indicates that the

first image is a multi-touch screen, and

as the first image has no multi-touch screen, blocking all touch events to

Other touches describe localized in the first frame to the first touch is not

longer present.

Meant 2 will be "one"

3 will be designed "with"

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8. Process according to claim 7, further comprising

associating a mark with exclusive touch each of the one or more images;

determining whether the touchscreen exclusive marker associated with the first image indicates

The first image is an exclusive touch-screen, and

as the first picture an exclusive touch screen is blocking all touch events

Translated.