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Ruling Prevents Sale Of Samsung Galaxy Tab 10.1 In EU


Samsung Galaxy Tab 10.1

The acrimonious legal battle between Apple and Samsung has taken a significant twist with Apple winning a ruling to prevent Samsung selling its Galaxy Tab 10.1 in the EU.

A German patents court ruled order European customs officials to seize tens of thousands of the flagship tablets following the preliminary ruling. The blockade prevents the sale of the Galaxy Tab 10.1 in all EU countries, except the Netherlands.

Apple filed the patent infringement lawsuit against Samsung back in April, claiming that Samsung’s line of Galaxy smartphones and tablets “slavishly” copied the designs of the iPhone and iPad. Samsung said today it vowed to lift this blockade as soon as possible. According to the Guardian Samsung plans on getting the injunction lifted at a court hearing in the Hague today (Wednesday).

iPad Galaxy Tab 10.1

In a statement issued by Samsung following the ruling, the South Korean company 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. We will take all necessary measures to ensure Samsung's innovative mobile communications devices are available to customers in Europe and around the world. This decision by the court in Germany in no way influences other legal proceedings filed with the courts in Europe and elsewhere."

Apple responded to the ruling by saying:

"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

While this was only a preliminary ruling, courts rarely make such orders if they don’t think the company is likely to prevail in the main hearing and this could point to a lot of trouble for Samsung in the future.


August 10, 2011, 9:01 pm

The piece gets the basis of the lawsuit slightly wrong - the law suit relates to the infringement a registered design right, not a patent (specifically, Community design no. 000181607-0001). The two are fundamentally different. Patents cover functionality. Design rights cover shape, design, configuration and appearance - but expressly do not cover functionality.


August 11, 2011, 12:06 am

Shocking anti-competitive behaviour from Apple. Not that i'm surprised! Previous comment suggest its the shape that they are unhappy with. Really!! If thats true are Apple suggesting they were the first to create the tablet pc? I also read today they are going after Motorola with the Xoom....Perhaps they saw the initial sales figures from the Tab 10.1 and were afraid of a little competition.

When IOS 5 is released which copies several innovations from Android will they they get prevented from selling further iPads???


August 11, 2011, 12:35 am

How the hell can Apple have a registered design on a tablet? They're affectively saying if your tablet is rectangular, has curved edges and is thin then you've copied us. WTF?

Luan Bach

August 11, 2011, 2:22 pm

We've got the Tab 10.1 here in the office, it's not that close in look and feel to the iPad 2, it's a fair bit better.
I have a tinge of regret in buying the Macbook Air now, Apple seems to quite regularly engendered that feeling in me when I want to support their products.

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