Update 4 (24.08.2011): Apple’s action before the Court in the Hague has led to a partial success: according to the guys from Our site Samsung must take therefore the Smartphones Galaxy S1, S2, and Galaxy ACE in Europe from October 13 from the market, if the judgment enters into force. Because patent infringement when the software, it is Samsung would have still time to make the changes and to prevent making a sell stop.
Update 3 (23.08.2011): Apple’s lawsuit in the Netherlands could draw a complete ban on sales of all Galaxy devices in Europe in. So,Our site, which refers to the Dutch site “Webwereld”, reported that if Apple’s request for restraining order goes through, probabaly all Galaxy devices in Europe from the market would have to be taken. Apple is aimed at the disruption of the supply chain of models, Samsung hardware namely comes from the Netherlands in the
remaining countries of Europe. Apple requires Samsung to take over the costs for the recall of the devices. Should go through the lawsuit, Samsung would have a big problem, because all 28 countries in Europe are supplied from the Netherlands with the Samsung smartphones and tablets.
Update 2 (17.08.2011): now Samsung can resell the Galaxy tab 10.1 in all countries of the EU except Germany. So, the Koreans could obtain that the sale lock applies only to the country, in which the Court has jurisdiction. And because the Court decision comes from the Düsseldorf District Court, only German customers are the ones who suffer. Continuation: guaranteed.
Update 1 (11.08.2011): as already anticipated by me in yesterday’s article, the Galaxy tab was probably only the start of a wave of litigation on all tablet manufacturer 10.1. Now, Apple has indeed Motorola because of their “Xoom” in their sights. It is namely in the indictment against Samsung, Apple have “already an initiated proceedings against Motorola in relation to the design of the Xoom product”. Target could also be a stopping of sales in the EU, Florian Müller of FOSS patent patent law expert. The Düsseldorf Regional Court as in the case of the Galaxy tab deals with the prosecution.
Apple’s patent suits against Samsung show first effects: now the Galaxy tab may be, no longer sold 10.1 in Europe except from the Netherlands. Samsung has already announced, to appeal against the decision of the District Court of Düsseldorf.
The Galaxy tab 10.1 should appear this month in Europe concerned with many early praise. We reported already in this article from the Android device equipped with better front and rear cameras that would have slightly thinner and lighter than the iPad 2, which in direct competition it said.
Designklau as a main charge
But Apple throws before Samsung Galaxy tab iPad to copy 10.1 and to property rights violated. Especially in the design and the outer design, Samsung in the Galaxy would have copied and would also exploit the cult status of the iPad. Apple could a restraining order at the Düsseldorf District Court seeking the accusations that the Samsung 10.1 in the European Union now prohibits the sale of the Galaxy tab. Only in the Netherlands, there is a separate procedure, here, Apple has also filed suit. Should Samsung violated the injunction, threatening a fine of 250,000 euros for every selling device or is a Ordnungshaft of two years for the Executive Board. Looking at the two devices, similarity will of course clear in design. But one may wonder on the one hand: the Galaxy tab is really the only iPad-like device 10.1, or other manufacturers like Motorola with the Xoom, LG Optimus tab (we reported here), Acer Iconia tab etc. now also soon fear, Apple sued to be? On the other hand you can argue quite how the tab now the iPad really directly abkupfert, so yes, for example, plastic instead of aluminium materials is used.
Samsung defends itself
See the South Koreans by Samsung does not accept the stopping of sales in the EU without a fight.Instead, they announced their intent to appeal against the order and want to check further judicial steps.Kim Titus, his character PR Chief of Samsung said Samsung was “disappointed by the decision of the Court” and become her “intellectual property defend in Germany and around the world.” Since April of this year fighting the manufacturer giants with patent lawsuits and Countersuits in various countries and in different courts (see this blog post). The Vorfürfe are also the Smartphone bestselling iPhone and Galaxy s Apple so far seems an advantage: the Group has achieved also in Australia, that the Galaxy tab 10.1 cannot be sold or advertised, until a decision in the patent war has fallen. Currently, there are more lawsuits and investigations in the United States, Japan and South Korea.