Apple secures injunction against Samsung Galaxy Tab in E.U.

Apple secures injunction against Samsung Galaxy Tab in E.U.

Summary: Samsung has suffered what is arguably its worst setback yet in its international battle with Apple over the Galaxy Tab.

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TOPICS: Apple, Samsung, Tablets
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Apple has scored a major victory as a German court has granted a preliminary injunction against the distribution of Samsung's Galaxy Tab 10.1 throughout the entire European Union, with the exception of The Netherlands.

FOSS Patents' Florian Mueller reports that Apple already has a lawsuit open against Samsung in The Netherlands. Apple is suing Samsung on a worldwide scale over patent infringement related to the 10.1-inch tablet's design as Apple argues that it looks too similar to the iPad.

Note that this is only a preliminary injunction. While it will take immediate effect in Germany, there is the possibility it could take longer in other countries.

Although Apple's complaint hasn't been published publicly yet, here is what has been made public, according to Mueller:

Apple asked the Landgericht (district court) of Düsseldorf, Germany, to order an injunction under which Samsung is threatened with fines of up to EUR 250,000 (US$ 350,000) for each violation or imprisonment of Samsung's management for up to two years in the event of continued infringement. Those are standard sanctions under German tort law for contempt of a preliminary injunction.

This is a huge blow to Samsung as the international market was the best hope for stronger Galaxy Tab sales. With Europe out of the game, at least for the near future, it's going to have a lot trouble making any kind of profit off this device -- if that ever even happens.

It's also obvious that Apple is going to take  up this lawsuit in every single country in the world if it has to in order to block the Galaxy Tab 10.1 forever.

The Cupertino, Calif.-based company recently garnered another win against Samsung in Australia, where the Android-based tablet is being temporarily blocked from promotion and sale.

However, Samsung Australia released a statement last week stating that the Galaxy Tab 10.1 "will be released in the near future" because Apple filed a complaint against a "variant that Samsung Electronics had no plans of selling in Australia." (Meaning, the U.S. version.)

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Topics: Apple, Samsung, Tablets

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194 comments
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  • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

    Wow Apple... I have really have nothing more to say...This is definitely a major blow to the consumer...
    iPwn
    • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

      @iPwn

      Well, it does force Samsung to innovate a bit. Come up with your own tablet design, packaging, icons, book reader and calendar look and feel and to be frank, ecosystem strategy.

      A few months ago, Samsung release a press release about a remote that was a direct copy of the iPhone 4.

      Look, I like competition as well as the next. But use your own company's resources for R&D, not someone else's. That's how you promote choice and competition. That's how you advance the cause.

      Aping Apple's boxes, moving from a microUSB to a similar looking 30pin connector and trying to trick the unwary consumer is not the way.
      dhmccoy
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @dhmccoy

        In all honesty, I really dont care... I didn't design either of them, so the impact on me in regards to how one is similar to another makes no difference. It's the lack of selection.

        If the design that Apple is using is successful, why not use it? Having a tablet, with multiple screens that contain applications is simple, and easy to use. Consumers don't care how "Technical" it is, or how similar it may look to another, as long as it fits their price range, and works, they're happy. Average Joe isnt going to look at the Galaxy Tab and say "hey this looks like an iPad, I'm not buying it..."

        With all these injunctions coming from Apple, consumer choices are going to be dropping... It's like (yes, another comparison using cars) auto companies being banned in NA, and all you can buy are GM vehicles.. It's the lack of selection/choice which I for one am against, no matter how similar something looks to another.
        iPwn
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @dhmccoy
        packaging is packaging. They can only look certain ways. they are different internally, they dont say apple on the outside, they dont pretend to be an iPad, dont run apple ios. talk about frivolous. expect car companies to start doing the same if this continues. There must be 5-6 different car companies who cars look the same from the outside.
        tiderulz
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @dhmccoy

        Your implication that Apple uses their own resources for R&D and innovates independently of others reeks of hypocrisy and ignorance. Most of their products have been nothing but imitations with improvements upon prior technology and design, not innovation. They didn't even develop most of the patents they own. They bought them. Nothing wrong with that since that's how most businesses run. But to pretend Apple innovates while Samsung doesn't is grotesquely wrong.

        If you really want to single out Samsung, I can do the same for Apple. Apple didn't come up with their touch technology. Jeff Han did. Apple didn't come out with the first "iphone"-like designed smartphone. LG did. Apple didn't come up with the name iPhone. Cisco did. Apple didn't come up with the smart cover design. InCase did.

        How you like them apples?
        qolitz
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @qolitz
        Not defending Apple here, but "their products have been nothing but imitations with <em>improvements</em> upon prior technology and design" is innovation.
        x I'm tc
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @dhmccoy oh so is that why apple blocks third party user apps from the app store and then incorporates that same feature in a future release of IOS. really. Apple know there is only so long can dominate the tab market and this is nothing more than a move to keep them at the top longer than they should be.
        joedaddy715
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @jdakula
        "Not defending Apple here, but "their products have been nothing but imitations with improvements upon prior technology and design" is innovation." - Umm, no, actually that is EVOLUTION. Innovation is defined as: a NEW (not improved) idea, method or design. (Thank you Merriam-Webster)
        NetAdmin1178
      • iOS UI was new design; there was never such mobile device ever, not even as

        @NetAdmin1178: ... vaporware. And iPhone (iOS) completely turned over the market and generated hundreds of millions sales of devices, including, since last year, tablets.

        <b>Historic innovation</b>, that threw whole markets of "old" into shambles.
        DDERSSS
      • Message has been deleted.

        tkejlboom
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @iPwn

        NO! Apple didn't invent multiple desktops! That goes waaaaaay back. Also, it's obvious. You can't patent that, not legally and not ethically.
        tkejlboom
      • How innovative do you have to be?

        @dhmccoy a tablet is an oblong touch screen about the only thing you can do different is change the back colour - get real its like patenting the concept of a TV! Samsung do innovate look at the galaxy SII which is thinner than the iPhone!
        cymru999
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        Just show so scared apple is of the better tablet.
        Any courts will side with you if you pay them off enough.
        rparker009
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        This is more for iPwn. For those who condone copying someone elses product then you obviously have never spent the effort in researching, designing, marketing and selling products. If you did then you would understand why lazy competitors who chose just to copy your hard work AND THEN rub salt into the wounds by trying to undercut you because they don't have the initial R&D to pay off just ticks you off.
        global.philosopher
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @global.philosopher<br><br>First, you added nothing to the discussion by typing up an obviously true but completely neutral statement that doesn't even develop an argument for one side or another. You pretty much just said "It's bad to copy" without even showing whether someone copied or not. That's not an argument. It's a statement.<br><br>Second, you should take your own words to heart. If you really want to complain about people "condoning" Samsung's actions, you should take a straight look at who you're trying to defend. You're ticked off about others benefiting from Apple's "hard work" without putting in their own effort?<br><br>Why aren't you ticked off about the hard work Jeff Han put in to develop the touch technology that Apple just stole? Why aren't you ticked off about the effort InCase put in to develop what Apple later stole and called the Smart Cover? Why aren't you tick off about Apple stealing Cisco's iPhone name? Why aren't you ticked off about the hard work LG put in for the Prada phone, but Apple tries to trick the world into thinking they invented the modern incarnation of the smart phone?<br><br>If you have a problem with Samsung, you should have an even bigger problem with Apple. But you don't. Which means your credibility just hit rock bottom.
        qolitz
      • RE: Apple secures injunction against Samsung Galaxy Tab in E.U.

        @jdakula
        --> Not defending Apple here, but "their products have been nothing but imitations with improvements upon prior technology and design" is innovation. <--

        I'd call it better packaging, definitely not innovation. However, iPhone did bring some new ideas to the smart phone market, namely, hand-based multi-touch.
        For that, it should get credit, anything besides that, I don't think innovation is the right description.
        xaverine
      • And what design would you suggest?

        @dhmccoy
        as it is clear they can not make it rectangular, flat, or have any buttons the front.

        :|
        Tim Cook
      • Got to love it

        @dhmccoy When Apple rips off other's ideas they call it "innovating" and claim to have invented it.

        When someone else makes anything even externally resembling an Apple product - and suddenly it's theft needing the courts to block the competitive product.

        I've got the Samsung Tab - aside from the general apperance that all tablets share (no Apple did NOT invent the tablet) there's really not much similar - the Tab is Android, which has a different look and feel, different apps, etc.

        The Tab is lighter, thinner, better screen, and nicer to use - perhaps that's what Apple doesn't like about it
        archangel9999
      • @DeRSSS

        "...iOS UI was new design; there was never such mobile device ever, not even as..."

        You've had too much KoolAid

        The iPhone (like most Apple products) was derivative (or outright rip off) of other prior products - in this case, LG's iconically oriented touch screen smartphone Prada hit the market long before - they applied Apple's usual cosmetic tweaks which as always were nice visual improvements - but to claim that there was no such mobile device before the iPhone is either disingenuine or just plain ignorant
        archangel9999
      • How different can one wheel look compared to another?

        @dhmccoy <br><br> If the same standard were applied to laptops... It would be all out corporate war.<br><br>Tablets should be just a form factor. Like an atx motherboard is a form factor etc... (in general)
        pcguy777