Update: Samsung Galaxy Tab 10.1 Ban Lifted in Europe, Except Germany
Following the case filed by Apple against Samsung for patent infringement lawsuits in April, a German court passed down an initial injunction by bringing to halt all distribution of the Samsung Galaxy Tab 10.1 in the European countries earlier this morning.
Apple claims infringement on intellectual property rights and patents on the device that was released earlier this year. Under the German Copyright Law (case number 14c O 194/11), Apple is seeking the German court to impose a fine, threatening Samsung to pay $350,000 (250,000 euros) fine for each violation or imprisonment for Samsung management. Well, these are the standards under the German law for contempt of a preliminary injunction.
The ban is imposed in European countries including Germany, France, Spain and the U.K. Netherlands is the only exclusion where the ban won’t be affected.
According to the suit filed in April in the US District Court in Northern California, Samsung’s Galaxy line of mobile phones and tablets have slavishlycopied the iPhone and iPad –
Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,the lawsuit said.
“Samsung is disappointed with the court’s decision and we intend to act immediately to defend our intellectual property rights through the ongoing legal proceedings in Germany and will continue to actively defend these rights throughout the world,” the company said in a statement.
Apple also asked for a similar preliminary injunction in Australia, due to which Samsung had to reschedule the launch of the Galaxy Tab 10.1 in Australia. The injunction is all about design-related intellectual property rights and is not related to any hardware or software patents.
Needless to say, this hindrance could be critical for Samsung as Europe being the biggest market for Samsung, since the majority of its smartphones and tablet sales originate from the European countries.
Last year, Apple filed a lawsuit against Nokia with the same German court, asserting nine European software patents. In the same year, the nine patents were also asserted in a lawsuit in London. Although Apple and Nokia settled in June, Apple did not ask for a preliminary injunction against Nokia.
Apple seems to be worried after Samsung’s smartphone sales overtook Apple’s Apple. Not to forget, Apple is a major customer of Samsung, using its components in many of its products? Bad Apple!