Apple also suing Motorola in Europe over Xoom tablet design

Florian Mueller reports for FOSS Patents, “Here’s a very interesting news item that is hidden deep inside Apple’s complaint against the Samsung Galaxy Tab 10.1 that led to an EU-wide preliminary injunction: Prior to or simultaneously with the motion for a preliminary injunction against Samsung, Apple also filed a complaint with the same court over the design of the Motorola Xoom tablet. Here’s a passage from the Samsung complaint that mentions two other lawsuits Apple instigated against iPad competitors — Motorola and a local German company named JAY-tech.”

“That passage says that Apple filed with the same court (district court of Düsseldorf) a complaint over the design of the Motorola Xoom, but it doesn’t state whether that complaint included a request for a preliminary injunction,” Mueller reports. “While it’s not stated explicitly, I suppose that the complaint against Motorola also asks the court for an EU-wide injunction — but perhaps just for a permanent injunction without a previous preliminary one.”

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Mueller reports, “The other company that Apple sued in Germany, JAY-tech, was served a preliminary injunction, and according to Apple’s representations, it was upheld by the court “in its entirety” even after a hearing. The complaint doesn’t say on which operating system JAY-tech’s banned tablet was going to run, but Android would be by far and away the most likely option.”

Much more in the full article here.

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


    1. Hey iJosh…

      You are supporting thieves and acting like a martyr. “Good competition” comes from inventing your own ideas and then selling them on the consumer market. Apple EARNED their position in the tablet market.. and others should do the same!

    2. Did you see *any* decent tablet computers on the market before the iPad? Do you see any current iPad competitors that do not very closely resemble the iPad in nearly every respect (from the same companies that derided the iPad)?

      If they are attempting to compete by infringing on Apple IP, then I have no sympathy.

    1. There are fundamental difference between a “patent troll” suing for patent infringement and Apple asking for injunction due to patent, copyright, trade dress and similar violations.

      When someone violates those, an injunction is appropriate, as the infringing entity is essentially directly competing with the patent/copyright/trade dress owner’s product, depriving it of sales and profits. When a patent is violated, there is no competing product; the only violation is deprivation of compensation for use of patented method/apparatus. The patent owner can receive complete remedy through proper monetary compensation, and there would be no loss of possible sales of competing product, as there is none. In other words, courts have no reason to order an injunction on sales of infringing products; once the trial is completed and the court finds in favour of the patent owner, they will receive proper compensation for all infringing use.

      Apple often ends up (inadvertently or otherwise) stepping on some small patent landmine in the process of innovating. When patent owners (legitimate ones, or patent trolls) sue, Apple quickly settles legitimate claims out of court, sometimes licensing the patents in question, other times paying a one-time lump-sum amount for an unlimited right in perpetuity, yet other times just flat buying out patents (or patent owning company).

      I’m not worried that any patent troll might ever get an injunction against Apple. However, a competing tablet maker… there are scenarios under which some minor manufacturer could get a favourable home-field advantage (Ericsson in Sweden, Nokia in Finland) and successfully convince a local court to get an injunction against Apple’s hardware. It is extremely unlikely, though, that such an injunction could be done in an EU country that would obligate the rest of the EU.

      1. Another cogent post by Predrag. Indeed, it seems impossible for Apple to completely avoid stepping a bit on someone’s IP due to the sheer number of patents across the U.S. and the rest of the world, and the unfortunate fact that some of them should never have been granted in the first place.

        If anyone had serious patent ammunition against Apple’s iOS devices, then it would have turned up already, IMO. Fortunately for us, Apple now has the power and money to battle a bunch of dubious lawsuits and come out on top.

    2. In fact, patent trolls don’t WANT an injunction; they want Apple to sell as many “infringing” devices as possible. The more Apple sells, the greater their damages will be, once they win the suit. If Apple decides to settle, the more devices sold, the greater the leverage for the patent troll.

    3. … actively patenting and suing since – at least – the iPhone introduction. Why? Not in retaliation against patent trolls, but to protect themselves from patent trolls! As an aside, also against those, like Moto and Samsung, who have either used loosely fitting patents to slow Apple’s development or ignored Apple’s patents in the past. As you said about “live by the sword …” … 😉

  1. Ijosh, you are a cyber form of the urban crowd torching London. All they want is to steal from those like Apple who produce good things.

    Welfare has taught them that is their right in life to be given anything they desire without cost.

    Those who rip off Apple’s intellectual property are like the gang leaders who set fanDroid mob looting in motion.

    Google and Samsung are mere major players in a whole gang of thieves who have been identified by the courts per Apple’s legitimate complaints.

    Now it is time to break up their activities to maintain social order.

    The course must act with a firm hand to squab these cyber hooligans who make a mockery of the world of tech.

  2. I am old enough to remember reading (in one of my companies trade magazines) when Samsung stole the USA’s design on
    silent propellers for submarines, and manufactured and sold them to other countries. We banned Samsung from doing business in the U.S. for a long time. (20 to 25 years If my memory is right) Anyway, it shows the ethics of these companies that steal ideas do not change. Maybe we should have banned them for life.

  3. Apple must sue all it can to stop the wave of crapware aka Android to repeat history and allow the pollution of the mobile space by crooks and assholes that produce crap to make money and dont give a rats ass about consumers, like it happene in the PC area.

    Go Appe go!

    Death to Android!

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