How Apple blocked Samsung Galaxy Tab 10.1 from sale in Europe

“Apple has been granted a preliminary injunction against Samsung’s Android-based Galaxy Tab 10.1, barring with immediate effect all distribution of the product in the entire European Union except for the Netherlands on the grounds of an alleged infringement of Apple’s iPad-related [European] Community design no. 000181607-0001,” Florian Mueller reports for FOSS Patents.

“I can confirm that Apple has a separate lawsuit underway in the Netherlands as well, asserting the same Community design. This was also confirmed by a court in The Hague to Dutch website Webwereld. There are differences in competition law between Germany and the Netherlands, which is why Apple filed separate lawsuits,” Mueller reports. “In Germany, Apple asserts not only an infringement of the said Community design but also cites unfair competition grounds, denouncing the Galaxy Tab as an iPad imitation.”

Advertisement: Limited Time: Students, Parents and Faculty save up to $200 on a new Mac.

Mueller reports, “Apple also asked for a similar preliminary injunction in Australia, and Samsung has, as a result, postponed the launch of the Galaxy Tab 10.1 without committing to a new launch date in Australia… Even though most of my blog posts relate to litigation in the United States, I’m actually a native and still a resident of Germany. The Düsseldorf district court has a reputation for being our equivalent of the Eastern District of Texas in terms of a strong tendency to favor the interests of right holders over those of alleged infringers. About half of all European (!) patent litigation takes place before that court. But apart from that particular court’s inclinations, German intellectual property law is much stricter than U.S. intellectual property law with respect to injunctions. In the U.S., an injunction is granted only if the four-factor test is satisfied. Over here, a patent holder is always entitled to an injunction (if an infringement of a valid patent claim is proven, of course).”

Much more in the full article here.
 

Related article:
Apple wins court order blocking Samsung Galaxy Tab 10.1 from sale in Europe – August 9, 2011

34 Comments

    1. Samsung didn’t lose this case on patent law, the ruling was due to a design infringement.

      In other words, what Samsung is selling looks too much like an iPad.

      However, the patent issues are still to be addressed, which could be a much more serious matter if Apple wins that one.

  1. Ultimately, it is not Apple, it Samsung who blocked itself in Europe. Their product are so blatant rip-off that only religious anti-Apple fanatics can blindly deny this and assert that these designs are “different”.

  2. It might be somewhat irrelevant to note, as Mr. Mueller himself has the courtesy to recently disclaim, he is an Android user and prefers that platform more. He seems to carry an impartial tone in his reports and fantastic analyses for the laymen like me; however, his tone, to my reading, came across a tad less enthused here.

    1. “impartial tone” ≠ “enthused”

      If he doesn’t sound enthused (or unenthused), then that is impartial.

      Then again, perhaps my sarcasm detector is malfunctioning. 🙂

      1. Your sarcasm gun may not be off; I wasn’t being sarcastic. However, I was trying to be a bit too clever when I said “a tad less enthused,” implying that he carried a disappointed tone, according to my reading.

        And so indeed, disappointed != neutral, which I didn’t feel he was being. Having said all that, I just re-read his post, and it was professionally writ, as usual for him, and suggesting anything less would be disingenuous on my part. I think I may have read something into it that wasn’t there, and for that I take back what I had insinuated earlier, though rather timidly.

  3. I love the spin in this article. These courts don’t favor the “interests” of “rights holders”… they respect the RIGHTS of rights holders.

    It is a shame that you can’t get justice everywhere else as well.

    They act as if this means that these court cases are somehow being decided in a biased way, but the reality is, these rights exist everywhere and in all the courts, its just the most courts in any country are corrupt, and thus their rulings are less consistent.

    1. Also, the Düsseldorf court is not so equivalent to Lufkin, TX. In the Texas version it’s not so much a matter of rights holders as it is a preference for plaintiffs, especially when the local jury pool is sympathetic with the local court system, and the defendant is a large compnay.

  4. Remains to be seen whether this is good for Apple. It could, after all, allow Samsung an excuse for the embarrassment of selling virtually no Galaxy Tabs – an outcome that was pretty much assured, regardless of the legal position.

    1. I am guessing that it was necessary for Apple to assert its rights in a timely manner in order to preserve its ability to battle future infringement. Besides, a successful preemptive strike now sets a precedent that may deter future infringement – the definition of a “win-win.”

  5. I remember the day when that asswipe of a judge ruled that Microsoft could rip off the Mac OS.

    It ushered in the are of darkness and ignorance that the world still hasnt recovered from.

    Thanks a lot jackass!

    I hope you live in Windows hell forever.

  6. You f’ing sheep… You think apple invented everything…
    Icon docks have been around, since Apple was still manufacturing the Apple IIe Platinum – look it up, sheep. It’s called the Common Desktop Environment (CDE). Not to mention, OS/2 3.0/4.0 also had a dock.

    As for outward appearances, please – google images of the 2007/2008 Navigon 2100/2200 and especially the 7200, and tell me the iPhone/iPad aren’t replicating the same appearance.

    The FruitFanBoyz are so gullible and brainwashed, that even CONTINUAL proof of Apple intellectual theft still get ignored.

    Multitouch?
    Yep – invented in the 80’s, entire research documents written about it.
    icon docks? Covered. – theft of OSF designs
    Cosmetic look? Covered. Navigon, and MANY others, already made designs like that.

    Next?
    Theft of Android’s notification bar for iOS5.

    So who’s the thief?

    1. Re: Apple Steals…. You dork those are GPS units and you can bet your sweet A** that if Apple ripped off the IP of THOSE things… we’d heard about already. Apple or the Fan boys never said Apple invented multi-touch you dork… Apple PERFECTED it. No one ever said Apple invented the dock….. and again if they Ripped off some IP… we’d heard about it Eastern texas already……. So who’s LIAR!!

      I DOOOO love it when the Android heads explode.

    2. Say what you want, but can you just stop spitting froth when you speak. Quite unhygienic.

      Oh by the way….Ford invented the car (or maybe mot, but lets assume that they did) that does not mean that all Mercedes, BMW’s and Porches stole that design of four wheels a few seats and a steering wheel. On that note, Korians also copy bits and pieces of BMW’s and Mercedes. They should really be taken to court on those too.

      1. Paul you are a bit out of touch with reality and i suggest you take your morning pills. The only company that have not copy apple so fahr on tablets and phone are HP and Microsoft.
        Google as not brought anything to the table beside a blatant copy of OS for iphone and makes million from it with advertise and laughs all the way to the bank. The reality is that you can’t legally and morally copy other people pruduct and innovation. Samsung is the bad boy of copy with no morality or what so ever and that all with the blessing of google. To start samsung and others crying baby now could pring to the table some innovation tecnology and not copy with a free operating system copyed from apple…where do you see any fahrness in all that? COPY BESIDE IMMORAL IS ALSO ILLEGAL – SO PLEASE DO NOT CONDONE THAT. TECNOLOGY IS ABOUT INNOVATION AND NOT COPY

    3. Moron:

      CDE introduced in 1993 – NeXTStep introduced in 1989 with said “Dock”. Mac OS X and its dock are from Apple’s acquisition of Next and its OS.

      Multi-touch – name one smartphone with multi-touch before the iPhone, hell, name one portable computing device with multi-touch? Apple got much of its multi-touch technology from a company they purchased in 2005 called FingerWorks. Even before the iPhone, multi-touch was used in Apple laptops.

      Navigon!? Really? So Apple introduced the iPhone in Jan of 2007, but they somehow copied the look from a Navigon GPS unit released a full year later?

      No wonder Apple is so far ahead – they have a time machine!

  7. Android head?
    Sheesh…really letting that Sheepness show through.
    Automatically assuming…
    I use WebOS, thanks.

    As to Navigon, their units came out starting in 2006/2007 – I just pointed out a larger one – of course the biased sheep don’t bother to google anything… I hoped some sheep would be half intelligent enough to at least search. Guess I was asking for two much, you all being blind followers and all. I mean, it takes a REAL dolt to pay $1000+ for a damn Core2Duo laptop in 2010/2011.

    And CDE was released in 1993, and it was OSF, can’t recall Apple buying OSF… hmm…
    So you basically said what everyone says: apple put multitouch, a 20yr old technology, on a phone, and all of a sudden they invented multitouch?

    So… lemme get this straight…
    whoever invented the auto, because he put wheels on it, no matter that even roman chariots had them, he invented them?

    Lame, lame, lame – just as all SheepBoyz are…

    The industry innovates, Apple regurgitates.

    Hopefully the jude pulls his head out of his his, like DaveyBoy above, and realizes that insinuating the Galaxy Tab looks like the iPad2 is actually insulting.

    It’s thinner, lighter, faster, and actually works.

    Not to mention that MoronDave fails to realize those Navigon units are just windows CE devices with an AutoRun – run one command, and it’s a 7″ InCE tablet – Dave, learn some tech, ya might sound half-intelligent.

    As to the jobspad, My wifes iJunk can’t even surf freaking flash sites.
    I can do that on a POS Palm Pre phone for crying out loud!

    Oh, and Michael, IBM CUA in 1987, HP VUE in 1988.

    Please – we can go all day – it is DOCUMENTED.

    Since Xerox/PARC, Apple has done nothing but steal others ideas, and claim them as their own, the latest iteration being the Android notification bar.

    No matter what, the sheep will never face the truth.
    It’s like a family with a black sheep – no one acknowledges, noone admits, they figure it they just ignore it, it won’t exist.

    1. I can’t be bothered to read through your rant/tirade sparkling with childish name callings, in order to discover if you might have, somewhere, miraculously made a valid argument/point of sort.

      From a cursory glance, it appears you are an angry person (may not be good for your health). Good thing we don’t have to accept your “opinions” just like you don’t have to put up with ours. How great it is then that we have neutral judicial courts to decide these matters for us, as they’ve just found Samsung to have indeed copied Apple product slavishly enough to impose a wide ban throughout most of Europe.

      Crazy, right?

    2. @AppleSteals..
      You only forget 1 little thing…apple copies…sure, but they pay royalties… Not something we can say about Google with their Java….errrr Android Mobile OS

      How’s your decaf coming?

    3. @Applesteals

      Goodness, you’re one ANGRY boy. I guess all those companies that you allege Apple stole from were either litigiously lazy, inept or simply mistaken, as I don’t recall a single successful case against Apple to support your maniacal assertions. They obviously cared less about their intellectual property than you do,

      Just as an aside, despite your psychotic chronicling of alleged abuses, I notice that you omit Microsoft’s theft of the windows GUI for some reason.

      Best you take your medication and chill with your Flash-free wife and her iThingamee before you burst something.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.