Samsung gets another chance against Apple with German hearing

Samsung gets another chance against Apple with German hearing

Summary: Apple and Samsung have a date in court in Germany later this month.

SHARE:

Although Samsung couldn't prevent a German court from issuing an injunction to ban sales of the Galaxy Tab 10.1 throughout most of the European Union, the Seoul-based tech giant is getting another shot.

On Tuesday, Apple secured an injunction against the promotion and sale of the 10.1-inch Android tablet following a lawsuit it filed over patent infringement related to design. Basically, Apple thinks that the 10.1-inch variant of the Galaxy Tab looks far too similar to the iPad.

That follows a long list of other patent-related lawsuits open right now, some of which involve Apple. Regarding the Galaxy Tab, the German ruling comes after Apple garnered a similar victory in Australia, although Samsung's local subsidiary insists that the ban is only temporary.

Before that, Samsung and Apple have been involved in counter suits for the better part of the year, with each company trying to claim the "right" to see each other's products before they go on sale.

Reuters reports that Samsung will get another chance at fighting the ban -- at least in the E.U. -- when the two tech giants and foes meet in Germany again on Thursday, August 25. A final decision could be determined within a few weeks of that date.

Samsung was likely pinning most of its hopes for the 10.1-inch Tab on the European market. Company execs are likely even more upset as Samsung reps claimed that they weren't informed about the hearing before the ban was put in place, nor were they able to convince the Düsseldorf court to hear oral arguments in its defense after the fact.

Related:

Topics: Tablets, Apple, CXO, Enterprise Software, Hardware, Laptops, Mobility, Samsung

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

22 comments
Log in or register to join the discussion
  • Too bad Sammy fibbed a bit...

    <i>"The request for injunction was filed with no notice to Samsung..."</i>

    Given Samsung filed a protective letter 1 week prior to the injunction, they had at least 1 weeks warning it was about to happen.

    I guess if you don't have the law on you side, you debate the facts. If you don't have the facts, you debate the law. If you have neither, you protest.

    Google and Samsung are doing lots of protests recently.
    Bruizer
    • RE: Samsung gets another chance against Apple with German hearing

      @Bruizer

      Unlike you, I have no dog in this fight.
      That said, typically if one side files a petition of injunction with a court, the court does not render judgement on that petition before hearing and rendering judgement on motions to disallow the injunction. If this were held in the US, I think the firm filing a motion to deny would be very surprised to read a judgement granting the petition before hearing a decision on the motion to dismiss from the court. German courts? No idea ....
      whatagenda
      • RE: Samsung gets another chance against Apple with German hearing

        @whatagenda

        I think you're missing the point. Samsung claimed no knowledge of the request for an injunction, but they actually filed a brief against the injunction they claimed to have no knowledge of before the injunction was granted.
        msalzberg
      • RE: Samsung gets another chance against Apple with German hearing

        @msalzberg I dunno about that, I think they claimed to know about it but were never notified by the court of the hearing on the Injunction (this might be standard practice in Europe, I don't know)<br><br>Obviously, you cannot deny they weren't given the chance to defend themselves before the Injunction was granted.
        slickjim
      • RE: Samsung gets another chance against Apple with German hearing

        @whatagenda
        German courts do not require a hearing with both sides to file a preliminary ruling pending a joint review. The notification can be the ruling.
        It is surpising with all this patent stuff going on they proceeded this way.
        rhonin
      • RE: Samsung gets another chance against Apple with German hearing

        @Peter Perry

        Samsung's statement was that the "<b>request</b> for injunction was filed with no notice to Samsung." Given the fact that they apparently filed an objection in advance, it really couldn't have come as a surprise.
        msalzberg
  • RE: Samsung gets another chance against Apple with German hearing

    A cursory look at the competition shows that it isn't really that hard to achieve a "look" that is distinctive and unlikely to draw a court injunction. Asus has a thickened aluminum bezel along the short sides of the Transformer. Acer does a similar thing on the long sides of the Iconia. RIM frames the PlayBook with a ribbed bezel.

    I'm sure that while Samsung has its lawyers fighting this, they are also furiously working on a cosmetic re-design. Heck, paint the thing blue. And design a new box that's not a knockoff of Apple's box.
    Robert Hahn
    • RE: Samsung gets another chance against Apple with German hearing

      @Robert Hahn Okay, Motorola has a Black backing, shorter edging and multiple ports so why are they going after the XOOM? Crud, the power button isn't even on the side and the speakers are on the back!
      slickjim
      • RE: Samsung gets another chance against Apple with German hearing

        @Peter Perry
        They can go after anybody they want. Let's see if they actually get an injunction against the XOOM. It's possible, but my guess is no, and I'm basing that on the packaging. The Samsung packaging looks like it was done by someone who was told, "Make it look like Apple's." Moto's does not.
        Robert Hahn
  • RE: Samsung gets another chance against Apple with German hearing

    We need more choices, not all want to be bonded in Apple ecosystem. Just something looking similar for some should not help a company be monopoly
    ninjacut
    • RE: Samsung gets another chance against Apple with German hearing

      @ninjacut

      I agree, but at the same time, I could never justify buying a Tablet to be honest... I'd much rather have a more functioning Laptop for equal price...

      just my opinion
      5FingerDiscount
  • RE: Samsung gets another chance against Apple with German hearing

    I wish they'd put the August 25th legal smack-down on Pay Per View.
    jgm2
  • Rachel, it was an ex parte injunction

    A stunt at best done by Apple lawyers who preferred that Samsung not be in court to defend themselves.<br><br>Rachel, if you dig deeper you'll see that at least in the US ITC complaint filed by Apple that they are claiming 'Trade Dress' registrations were violated.<br><br>What this boils down to is that they, Apple, believe that Samsung intentionally designed their product to 'look' like theirs.<br><br>Now, if you look close at the products side by side, you will notice they do indeed look similar:<br><br>1) Apple's screen has a touch interface<br>2) Apple's screen has Icons<br>3) Apple's iPhone form factor resembles a rectangle<br>4) Apple's iphone/iTab both have bevelled rounded corners!<br>5) Apple uses black colored margins around the screen<br><br>Yep, Apple, you got Samsung.<br><br>Now I submit, any intelligent individual will see through this ruse and realize that any manufacturer will contemplate all good design considerations and would most likely have resulted in similarities because the dictates of design will require such.<br><br>It's a falling out between Apple and Samsung at this point and Apple is about to lose their primary supplier and, worse, face in all likelihood a stiff counter suit.
    Dietrich T. Schmitz * Your Linux Advocate!
    • RE: Samsung gets another chance against Apple with German hearing

      @Dietrich T. Schmitz * Your Linux Advocate!

      Finally I agree with something you have posted :-)

      I've wondered about the supply chain issue as in would Samsung have the stones to either dramatically raise component prices to Apple (to justify the loss of revenue from their own table) or simply tell Apple to get their parts elsewhere. I have no idea what the market and competition is like for Samsung in supplying Apple, but my guess is that there are VERY few companies who could meet Apple's demands if any. It would force Apple to either change design, scale back production, or go with a competing company, all of which would cost them time and sales which would damage their stock price big time!

      I would love nothing more than to see Apple taken down a peg or 10 as I dispise their arrogance!
      omdguy
    • RE: Samsung gets another chance against Apple with German hearing

      @Dietrich T. Schmitz * Your Linux Advocate! <br><br>An intelligent person would not accept Samsung's blatant spin doctoring on this matter and I quote Samsung's response "The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung."<br><br>This press release from the court in question shows Samsung lodged "Schutzschrift der Verfgungsbeklagten vom 29.07.2011" a week before the hearing.<br><br>An intelligent person would not believe that this is a coincidence, that Samsung randomly sends out these letters to courts around the world, in the vague hope of responding to something they claim to know nothing about.<br><br>Source:- (PDF in German) <a href="http://www.lg-duesseldorf.nrw.de/presse/pressemitteilungen_ab_2009/11-09.pdf" target="_blank" rel="nofollow"><a href="http://www.lg-duesseldorf.nrw.de/presse/pressemitteilungen_ab_2009/11-09.pdf" target="_blank" rel="nofollow">http://www.lg-duesseldorf.nrw.de/presse/pressemitteilungen_ab_2009/11-09.pdf</a></a><br><br>An intelligent person would also not fall for the 'ruse' of using made up words, such as 'ruze' (sic).
      bannedagain
      • Fair enough

        @bannedagain .. and seeing as we're talking about big boys at war, then as the saying goes, <i>all's fair in love and war.</i><br><br>Fair as in: declaring war on all and sundry. Consequence: having burnt bridges (..no, nuked them), they will be faced with a flood of OEM's and competitor consortiums that will wage war on the hardware production front and supply chain front. <br><br>Great! So Steve, did you think of that when you decided to declare war on all and any potential producers of your hardware? <br><br>Since most OEM's produce a wide range of hardwares for an equally wide range of industries, they can bare the brunt of losing a client or two - even one as big as Apple. Unless, Apple can get into hardware, that's a huge problem right there. But let's face it, with all the publicity, who's going to sell for anything less than a king's ransom? <br><br>Fair as in: OEM suppliers pricing Apple production costs into oblivion. Consequence: since the word is out, Apple don't want to 'play the game', as a consequence they rapidly become <i>person non grata</i> - no one touches them with a barge pole .. those that do will simply bump prices into the stratosphere.<br><br>It's really quite simple, when you p!$$ off enough people so that you are effectively all on your own, your enemies (ironically) end up holding all the cards. That is the karmic, inescapable reality that keeps this planet in motion, and always has.<br><br>Enjoy the ivory tower Apple while it lasts; like everything man made, it inevitably crumbles.
        thx-1138_
      • Good catch on the typo at least

        @bannedagain
        Thanks!
        Dietrich T. Schmitz * Your Linux Advocate!
    • RE: Samsung gets another chance against Apple with German hearing

      @Dietrich T. Schmitz * Your Linux Advocate!

      Whether your speaking of tablets, phones, airplanes or cars there will always be smilarities due to function. There comes a point however, where similarity becomes copy. Black border, silver edging, rectangular icons of similar colors in a grid pattern; these aren't a matter of function, but of design.
      msalzberg
      • Utter nonsense.

        @msalzberg
        Attempts to sell products that are presented to appear as made by 'Apple' is one thing.
        Attempts to apply sensible, common-sense design considerations is another.
        Dietrich T. Schmitz * Your Linux Advocate!
      • RE: Samsung gets another chance against Apple with German hearing

        @Dietrich

        I think you just repeated what I said. If, as has been said, form follows function, when you strip the device to its bare essentials, they'll be very similar. Apple's complaint concerns the non-essential, decorative aspects of the design, eg the silver band around the edge. That is what trade dress is all about.
        msalzberg