Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Samsung's Galaxy Tab banned by German court: Pulled from IFA tech show

By | September 5, 2011, 5:34am PDT

Summary: Samsung’s Galaxy Tab 7.7 has been banned in Germany and pulled from the major IFA technology fair in Berlin. Let’s all point our fingers at Apple.

Samsung will not promote the new Galaxy Tab at one of the world’s largest technology shows in Berlin, after a German court came down on the side of Apple, which successfully argued for an injunction against sales and marketing of the device in Germany.

The new Galaxy Tab 7.7 was also banned by a court injunction, along with the Galaxy Tab 10.1, which fell afoul of the German courts late last month.

A court in Dusseldorf ordered the company to stop selling the Galaxy Tab 7.7, on the first day of the IFA electronics show — one of the biggest tech fairs in the world.

Samsung is to “respect the court order”, according to Samsung spokesperson James Chung.

Apple claims that Samsung infringed its patents in the Galaxy line of smartphones and tablets, arguing that Samsung copied the design and aesthetics of Apple’s iOS range of devices.

Samsung counter-sued Apple, stating that Apple infringed patents relating to wireless networking.

The ongoing patent battle forced Samsung into delaying tablet sales in Australia twice, as the patent battle spread across Europe, the United States and further afield to Asia and Australia.

The patent spat will force Samsung, the biggest Android vendor on the market, to restrict sales of Google’s mobile operating system.

While Samsung has not disclosed the number of tablets it has sold, it aims to increase sales by more than five-fold this year. Samsung had just over 15 percent tablet marketshare, behind Apple’s 69 percent, according to Strategy Analytics.

Apple continues its dominance, partly by popular sales of its iPhone and iPad devices, taking a majority stake in the tablet and smartphone market, and partly by legal force.

However, as asserted late last month, with Tim Cook leading Apple as the new chief-executive, Cook has a number of difficulties to face in the post-Jobs era.

Not only as his first major challenge, did he have to combat the release of an iPhone 5 prototype that went missing in a bar last week, but he also has to deal with the mass of lawsuits that Apple is currently undertaking.

As Android seems to be the target, not necessarily the devices that run the rival mobile operating system, could the handsets and tablets be the focus of Apple’s lawsuits because Google is too big to crush?

Tim Cook has to make a strong and clear decision. Continue with the lawsuits left by his predecessor, or make the Cupertino giant a competitive and fair environment for others to compete with.

Instead of “slam, slam, beat, kill” as Apple’s motto, surely it should be, “we have awesome products; we can beat you on that alone”?

And the world would be a slightly nicer place.

But after 13 years by Jobs’ side, very little will change in the overall atmosphere of Apple. The corporate entity still remains, and the lawsuits will keep-a-coming, as Apple tries to hold onto its dominant marketshare.

Just as Apple continues to develop its products, and slamming Android as its main competitor in the user statistics, Apple is also winning in the courts.

Though Cook is not Jobs, Apple is still Apple.

Related content:

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

Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

80
Comments

Join the conversation!

Just In

RE: Samsung's Galaxy Tab banned by German court: Pulled from IFA tech show
youbuye 21st Sep
many person have Samsung Galaxy Tab P7510 Tablet PC, to protect your tablet pc, i hope you can buy Smart Cover Protective Leather Case Stand for Samsung Galaxy Tab P7510 Tablet PC
It's easy to attack patent protection, which exists in every country, as keeping those who come later from innovating. The fact is that those attacking could have had the patents ... if they invented first. Sooner or later, companies are going to decide that their innovators deserve top paying spots. Or they can withdraw a multimillion dollar design, production and marketing effort because they listened to their VP's of production, marketing and finance and didn't hire the craziest inventor they could find -- and listen to him or her.

Corporate Darwinism at its best -- keep dumping prodigious sums into anything but creativity, and your board of directors will get tired of you getting your nose rubbed in it with their money. Until they finally hire somebody who can do some patent nose rubbing of their own.
@TomMariner: http://photos.appleinsider.com/samsungvsapple.081911.jpg

The innovation is already done (this time, by Apple). Samsung does not bring any innovation -- just replication of Apple's design.

Such competition does not offer actual value to society, and only robs these who actually innovate.
0 Votes
+ -
There's no confusion between the Galaxy tab and iPad, and Apple didn't invent the rectangle tab, they copied it, and Palm had a grid of icons long before Apple. Apple copied that too.

If Apple can copy these, then so can Samsung.

If Samsung can't copy these then neither can Apple and you wouldn't have the iPad.

Just because Apple are the first to successfully sell a rectangular tablet, doesn't make them an innovator. It certainly doesn't qualify them to misuse a design patent as a monopoly device for a class of devices.

I hope Apple suffer punitive penalties for this, I'd like to see > $5 billion in damages to curtail the trolls.
@guihombre: see the link above. None of tablets before iPad were flat-surfaced. They all had shaped borders/bezels (even if thin).
0 Votes
+ -
BS!
The Linux Geek 6th Sep
@DeRSSS
don't believe the propaganda uttered by the axis of evil software.Android does not infringe anything!
0 Votes
+ -
Then it should be EASY for ya:)
James Quinn 6th Sep
@The Linux Geek... Please provide a link to the information about a tablet that was similar in design to the iPad pre iPad. You know specifically "flat surfaced".

Pagan jim
@DeRSSS >>>>see the link above. None of tablets before iPad were flat-surfaced. They all had shaped borders/bezels (even if thin).

really?! and this is your example of Apple's innovation?! The word "pathetic" does not even come close to describing such monumental "innovation".
0 Votes
+ -
@pupkin_z... Still who said Trade Dress and design have to do with innovation anyway? This is about Apple's design is it not and if you nor anyone else can NOT find an example of anyone using this design BEFORE Apple in the Tablet market then you have no argument period end of story.

Pagan jim
@DeRSSS

What a BS pictorial! As for the flat bezels... Fujitsu,Tatung, Asus, and Palm all had them before. I think BenQ did as well, but it's been a while since I was last in Taiwan, and I didn't get the BenQ. In some cases, they later moved away from rectangles, because apparently, when anyone but Apple does them, they're boring and not ergonomic.

It's not relevant, though. In some cases, you can step in and say, "I'm using the rectangle, because they had it and are not anymore." However, you DON'T get to say, "I'm laying claim to rectangles and now no one else can use them."
@James Quinn

When did color and design elements become patentable? For that matter, I believe the courts have already settled that coloring the sole of your shoe red is not trademarkable(that's a word, right?).
0 Votes
+ -
A couple things.
James Quinn 6th Sep
@tkejlboom... Most important NEVER ask me anything to do with spelling and or gammer. I just don't care.

Second I don't think color and or design are patentable but is this not a Trade Dress issue?

Last point you stated examples but gave NO LINKS so I can check this out. I'm certain based on the very fact that there are court cases going on that there are some details you are not showing in your written but unverifiable accounts above:)

Pagan jim
0 Votes
+ -
iPad has a bezel
guihombre 6th Sep
@DeRSSS,
Look again, iPad has a bezel.
@DeRSSS

This argument is a load of dingo's kidneys. Apple's design "innovation" is nothing more than adding a cellular antenna to Pocket PCs which already had rectangular designs, touch screens and icons arranged in grids. Once cellular technology became fast enough to provide useful Internet speeds merging a hand held computer with cell phone technology was the next obvious step in evolution. Once touch screen technology became advanced enough and cellular speeds increased enough that Internet usage could be used for consuming media rich HD content dropping the keyboard from content consumer devices to reduce weight and size was the obvious evolution.

This is not innovation it is evolution. Perhaps you believe the world would be a better place if only one company should have been able to sell the horseless carriage? That, at least, was innovation.
@DeRSSS The problem with technology patents is they are so broad and nebulous. I can point out earlier devices with similar functionality which Apple could be accused of ripping off. By your rationale all innovators should be granted an absolute monopoly on whatever they create which goes against fair market principles. Suppose Motorola, as the innovators behind the device we now call a cell phone, were able to hold a monopoly on the market because of that? Say buh bye to your precious iPhone. Or suppose Bell Labs said ,"We own the rights to hex grid cellular architecture and no one else can use it." Well there goes competition amongst wireless providers. Your argument makes no sense in the real world and only works in an idealistic fairytale.
@DeRSSS

That's bull. Motorola should've sued apple for making cellphones that look like theirs. Apple is losing marketshare left and right and instead of competing, they decide to use the failed patent system to beat their competition.
0 Votes
+ -
innovation?
somereader 7th Sep
@TomMariner
It is easy to trow words as innovation and inventions. Let's face it.
- Developers are not inventing, they are just confronted with challenges and find solutions.
- They are not the first confronted with similar challenges and the first to come with the same solutions. To many people made computer programs for a to long time, but it is not always well documented.
- Software is like a big Lego box, the number of solutions is limited.
- Google did not use a Java compatible system because some "inventions" would be hidden deep in it, but for the whole thing, for the same reason others use Java, it is an industry standard, a well tested and good working system.
- Patents look as being written on an other planet, being so distant from reality.
- By protecting an enormous amount of little pieces, no human being can create any soft that will not infringe something. Nobody has simply the time to read and understand it all.
- Oracle can not. If they could not so many of their claims would risk to be declared invalid. Including some for prior art found in other patents.
- The patent office can not. How else would it be possible that patents are granted that are already covered by older patents.
- The system is unfair, no punishment for using false claims, an inventor should know if he is inventing, copying or just doing the obvious. But there is a punishment for infringing where a developer can not possible know if not some patent will fall out of the sky.
- The system is unfair because the accused has in reality to pay for the prior art search once the patent office has accepted the registration.
- The system is unfair and justice is not served, allowing the use of extortion like scheme, because defending against false claims will be just to expensive and to risky as nobody knows the real value of a patent without an expensive prior art search.
- We did not recognize the devastation, before the system was not abused anywhere on such a scale.
- We can not pay for this mess. We need the production of products, not litigations.
Good. Maybe if enough of Europe throws Samsung out the door, they'll actually consider selling the 7.7 here. It's the only tablet-y thing I'm remotely amused with, along with the iPad 3/HD.
@Playdrv4me The screen on the 7.7 is what I find attractive personally!
So nothing to do with not selling very well then?
@Jeremy-UK It wasn't for sale yet and had no pricing. This is bizarre that the size of the Tablet doesn't matter in this Patent.
0 Votes
+ -
If you cannot innovate, litigate
facebook@... 5th Sep
Apple has patented the rectangle. Geometry teachers the world over can now be sued for teaching children that 2L +2W equals the perimeter. That is clearly a mathematical formula for patent infringement.
@facebook@... Actually it would be 3L +2W for the iPad.
@Peter Perry Not an A Student in Geometry, were you?
Sorry, but the fact is Samsung Galaxy series are a bit too similar to iPhone / iPad series... there are many rounded rectangular tablets out there, but Apple has not gone behind others... Galaxy series look too similar to iPhone and iPad is what that makes it sell.
@browser. That doesn't make much sense. The name on the things is different, and so is the interface. Big load of crap. (Don't cry, I did buy an iPad 2.)
0 Votes
+ -
A history lesson for you:)
James Quinn 5th Sep
@Mike (not Cox) ... Back in the days of the Bondi Blue iMac it was such a hit for Apple that others began to copy it. Vacume's and Iron's came out wrapped in Bondi plastic. Heck evan PC OEM's put colored plastic on their otherwise plane old PC boxes. Nobody was sued by Apple. Then a Korean OEM came out with a duplicate of the iMac except it ran Windows. Apple so sued them. Turns out they argued "Hey it runs Windows and our logo is on it not Apple's".
The court ruled that a FAIL by the way.

Pagan jim
@James Quinn The problem with your argument is that the iMac was a much more unique piece of hardware (blue, one piece, usb etc). iPad is flat and rectangular. A much closer comparison would be if Apple sued Samsung for making a laptop and saying that a flip up clamshell was their invention.

Apple's motivation is obvious here. They are worried about losing market share like they have with smartphones so they doing what they can to slow the probable market adjustment toward Android and Windows devices, if tablet sales remain strong at all which isn't for certain (some people say they are a fad and I think the jury is still out). I don't blame Apple to be honest. The need to do what they need to do. The problem here is at the courts and the patent offices.
0 Votes
+ -
@redhaven.. who makes a tablet using a rectangle as a basic form. What Apple is saying (I think) is that "Sure we will all use the rectangle but what we came up with beyond that is ours". Basically the same thing as the original iMac's form. You can add colored plastic to your cases fine. Heck you can make your entire system from colored plastic and some did. You can try alternative shapes and some did. Just not the one we created. We are not claiming the "case" as a whole we are claiming this particular case.

Pagan jim
@browser. If Sharp had followed Apple's practices, there would be only one manufacturer of flat screen displays, and a 17-inch one would still cost $25,000.
0 Votes
+ -
Bleccchh
Robert Hahn Updated - 5th Sep
This article is terrible. It isn't worthy of a third-rate blog run by high school students. If the author had not earlier claimed to be a university student in the UK, it would be easy to believe that whoever wrote this was not a native speaker of English.

If the oddball phraseology weren't bad enough, the thinking is even worse. A missing phone prototype is a major challenge for the CEO of a hundred billion dollar company? Give me a break. A company that size has lawsuits? Name the one that doesn't. From top to bottom, this article is an exercise in naivete and ignorance that demeans everything around it. Five thumbs down.
0 Votes
+ -
Hmmm....
Bit By Bit Solutions Updated - 6th Sep
@Robert Hahn Are you one of those die hard Apple fans? You have to admit they are simply suing to hold on to their market share for as long as they can.
@Robert Hahn

Yeah, but if he'd came down on the side of the Righteous and Holy Apple, you'd be congratulating him on a well thought out and written article.
Are you telling me that you go around saying things like, "However, as asserted late last month, with Tim Cook leading Apple as the new chief-executive, Cook has a number of difficulties to face in the post-Jobs era." What was asserted last month?

As for thinking, what company that was afraid that "Google is too big to crush" would instead sue Samsung?

I'm sorry, the article is dung.
Don't get me wrong, I confess to the same feelings expressed by Zack in his blog posting. (Of course, that does not imply I agree or disagree with Zack's conclusions.)

However, it seems that prior to this decision, online comments expressed by ZDNet Bloggers and TalkBack readers on this subject all seemed similar and akin to opinions expressed perhaps by local sports fans about a particular sporting subject. By that I mean, whichever side you chose to associate yourself with, it didn't really matter since it seemed like all of this was just about a "game" being played with no real world "serious" type of impact.

And then Apple won and everything changed.
0 Votes
+ -
I thought they might win
Michael Alan Goff 5th Sep
I hoped they wouldn't.
0 Votes
+ -
Everything changed? What changed?
toddybottom 5th Sep
@kenosha7777
Apple's share of the tablet market is going to go from 95.3% to 95.4%?

Nothing at all has changed. The iPad will continue to be the only tablet to sell in the tablet market. Apple's monopoly was never going to be threatened by Samsung so no, this injunction doesn't change a thing. Apple's tablet monopoly is just fine.
@toddybottom Oh Toddybotty Perry NZ give it up already!!!
@kenosha7777 Germany is a very wrong place to win for the win to REALLY be useful to Apple. Germany is not USA/UK, it's got continental civil law that is full-on statutory and this court decision will have no effect on further cases so it's really only a marketing victory because it will keep ringing all over the world for a while.

But it's still short-lived. The powerhouse that is Android will not be stopped (nor slowed down) this easily anyway. It will calm down iOS zealots and Apple shareholders for quite a while tho but by the time cheap chinese manufacturers enter the Android market Apple will have a marketshare pretty compareable to it's marketshare in desktop/laptop world.

Macintosh also was all the rage once upon a time. It wasn't MS that won Apple in desktop world. It was IBM clones.

Also you lot really constantly underestimate Samsung. In a future I envision it will be the second most gigantic tech corporation after Intel. And it's not such a distant future either.

I'll even go as far as to say that Samsung is choosing it's battles more wisely and might have let this one slide because of it's inconsequential (long term) nature.
@bojan@...
>>but by the time cheap chinese manufacturers enter the Android market
but they are already there.
by the time cheap chinese manufacturers enter the Android marketWhat, you think Apple is making iPads with union labor in Detroit? The idea that there exist "cheap Chinese manufacturers" who are not already making these things for the Big Names is some 1980's fantasy.

Sure, it's possible to build cheaper tablets by using cheaper parts, but that's not manufacturing, that's settling for lower performance, fewer features, or less reliability.
@bojan@... In fact right now is the point where the Macintosh has reached (Or is heading for it's peak since it still hasn't peaked yet I think) it's peak but never has it been very popular mass production and sales wise. So your history is already flawed a bit.

Pagan jim
RE: cheap chinese manufacturers

I didn't word this right. Yes, most high tech is produced in mainland China, and smartphones/tablets are no exemption.

But what you don't have is significant chinese ODMs apart from HTC who has won the battle of becoming an upmarket brand at the moment -- i.e. you don't have your 90s era ASUS/MSIs or your Planets, TP-Links and ZyXELs. The majority of smartphone/tablet production is done to design by western (Korea included) companies and the ODM market isn't even employed by the big guns that much, it's currently mostly just smaller shops getting knowledge by making dual-sim knock-offs of label designs.

But some of these will become lower/middle end brands and then we will have commoditization in the Android-based market not unlike to how PC market was like in the 90s under that One OS to Rule Them All. This is the vastness of choice that will slowly bring Apple down to Macintosh-like market-share which is why I beleive that going Android is a smart, future-proof business move.

A significant part of the pricetag is still the margin of the middle-man -- the OEM/Brand/Label, which is where undercutting commodity producers usually drop in.

@James Quinn

I wasn't talking sales figures but mindshare. Back in the days you had few computers alltogether, and very few choices for a consumer PC with IBM clones being really boring office machines. Macintosh survived Amigas and Ataris of the yesteryear but lost to IBM clones that become more and more fun to own, and cheaper and cheaper still.
@kenosha7777

http://www.tabletpctalk.com/pictures/tatung.shtml circa 2002

They tried this in smartphones and lost. The basis of these cases is just as ludicrous as those. Everyone anticipated that Apple would cause tens of millions in legal costs and delays, but to actually get an injunction wasn't consistent with historical events.
0 Votes
+ -
The Law and Common Sense
general.manager@... 5th Sep
In the words of Mr. Bumble (Oliver Twist by C.Dickens), "The law is an ass."
@general.manager@... ,Michael Alan Goff

Please read my response above. I ask you do you have any argument against that court decision? If not then why are Tablets afforded some special get out of jail free card? Apple has NOT sued everyone who makes a tablet only the one who makes their devices look specifically like Apple's own. NO Apple has not claimed soul domain on the rectangle as many here have claimed.

Pagan jim
0 Votes
+ -
Soul domain?
toddybottom 5th Sep
@James Quinn
Did you even graduate from elementary school? You seriously have the worst spelling of anyone I've ever read. Ever. I'm constantly amazed at the words you manage to misspell.

You are an idiot. You should stop advertising it. Of course, that would require some form of intelligence, something you clearly lack.
  • Flagged
@James Quinn

soul = that intangible thing that goes to heaven or hell when you die. (e.g. "The soul is something that not everyone believes in.")

sole = the only instance of something. (e.g. "He was the sole inheritor of the estate.")
0 Votes
+ -
@toddybottom .. Nope not even close:) I don't care much about such stuff. Slept through most of English class but could memorize what I needed to pass tests and such then let it go cause I never felt it was all that important and to me it's not. Now my point regardless of spelling and perhaps grammar is still valid. Apple only sued the Korean iMac wannabe maker because well they made an iMac look alike. Granted it did run Windows and it did have a different logo on it but that did not play in court. Apple is not suing everyone who makes a rectangular tablet just one manufacturer who is making one that looks very much like the iPad. Simple and I hope this time my spelling meets with you're approval:P Well to be honest again I don't care nor do I think it is likely I ever will. Sigh.

Pagan jim
My problem is this.

Even if you're arguing that the 10.1 is within the confines of being confused (I don't think it is, but whatever), how can somebody really argue that the 7.7 should be banned?
0 Votes
+ -
@Michael Alan Goff ... Would Apple have sued if the Korean iMac clone was smaller dimension wise? I think yes for it's not the size but the design itself that is important. Apple spends a lot of time on design and I'm sure there were internally contests and a selection process to decide on which design wins out in the end... All of which takes risk and money. If they made the wrong decision then the product might be a dude or sales would be good just not as good there is a lot of risk involved at least to Apple. That's my theory at least.

Pagan jim
many person have Samsung Galaxy Tab P7510 Tablet PC, to protect your tablet pc, i hope you can buy Smart Cover Protective Leather Case Stand for Samsung Galaxy Tab P7510 Tablet PC

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

White Papers, Webcasts, & Resources
ie8 fix