Apple Wins EU Ban Of Smaller Samsung Tablet - InformationWeek

InformationWeek is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

IoT
IoT
Mobile // Mobile Devices
News
7/24/2012
08:26 AM
50%
50%

Apple Wins EU Ban Of Smaller Samsung Tablet

German court bans Samsung from selling its Galaxy Tab 7.7 across the European Union, but allows Samsung to continue selling its Tab 10.1N.

8 Things Tablets Still Can't Do
8 Things Tablets Still Can't Do
(click image for larger view and for slideshow)
The patent war between Apple and Samsung rages on. The latest victim is Samsung's Galaxy Tab 7.7 Android tablet. The Dusseldorf Higher Regional Court in Germany on Tuesday upheld a preliminary sales ban of the device.

The court proceedings, reported by FOSS Patents, show that Apple is targeting five Samsung tablets and, in separate legal action, 10 Samsung smartphones.

The 7.7-inch tablet was already temporarily banned from being sold in Germany, and is now banned from being sold across the entire European Union. It is important to note that this is not a final ban of the device, but only a preliminary injunction ahead of the full-blown patent trial, which has yet to get under way.

[ What is the line between a smartphone and a tablet? Read Smartphone Shoppers Prefer Larger Displays. ]

"Samsung is disappointed with the court's ruling," the company said in a statement. "We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple's claims to ensure our products remain available to consumers throughout the European Union." Samsung still has room to appeal this decision.

Apple may have won a sales ban on Samsung's smaller tablet, but Samsung's larger tablet escaped such a fate.

The same German court denied Apple's request to ban sales of the Galaxy Tab 10.1N. The 10.1N is a modified version of the Tab 10.1, which Samsung altered to skirt Apple's patent claims on the device. Despite the alterations, Apple sought to ban the 10.1N, too. The German patent court didn't see it that way and upheld a decision it made earlier this year. Apple appears to be out of appeals when respect to taking action against this particular device.

In a decision handed down last week, the same German court said the Galaxy Tab 10.1 didn't copy the trade dress (i.e., the design) of the iPad, which was one of Apple's complaints. The judge in question applied some good old fashioned penalty making and ordered Apple to advertise that Samsung "did not copy" the Apple iPad. It's unclear how and when Apple will have to make such a public advertisement.

Interesting, however, that the 10.1 Tab is banned in the U.S., but not in the EU. It's not easy to reconcile how the judges in question came to these separate decisions.

Understandably, Samsung was a bit more upbeat about this second court decision regarding the Tab 10.1N.

"Samsung welcomes the court's ruling which confirms our position that the Galaxy Tab 10.1N does not infringe Apple's intellectual property and does not infringe laws against unfair competition," said Samsung. "Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."

Despite the fact that Apple has to issue some sort of public apology, the judge also noted that the Galaxy Tab is "not as cool" as the iPad. So, it's a win and a loss for both Samsung and Apple in the case of the Tab 10.1N.

These European rulings will likely have little effect on the scheduled July 30 patent trial between Apple and Samsung in the U.S. Further, FOSS Patents concludes that the Tab 10.1N's escape from injunction could give Samsung the clues it needs to alter other devices in order to avoid penalties.

Writing apps is expensive and complex. Cross-platform tools can help, but they're far from perfect. Also in the new, all-digital Develop Once, Run Everywhere? issue of InformationWeek: Why the cloud will become a more accepted development environment. (Free with registration.)

We welcome your comments on this topic on our social media channels, or [contact us directly] with questions about the site.
Comment  | 
Print  | 
More Insights
Comments
Newest First  |  Oldest First  |  Threaded View
mzahler554
50%
50%
mzahler554,
User Rank: Apprentice
7/24/2012 | 9:43:53 PM
re: Apple Wins EU Ban Of Smaller Samsung Tablet
Apple must be paying them off, how else would they come up with a verdict like that
Galanper
50%
50%
Galanper,
User Rank: Apprentice
7/24/2012 | 2:35:52 PM
re: Apple Wins EU Ban Of Smaller Samsung Tablet
Dusseldorf Higher Regional Court in Germany, How much did they (I mean the Higher Court ) got from Apple. This is the second time.
Remembering the last news "Apple ordered to run adverts stating Samsung did not copy iPad"
Apple did not invented anything they only copied product and made patents for the copied open Source products. As Steve Jobs said 1996 "good artists copy, great artists steal"! ...Good principle, for example Free BSD. And now!! this Court is helping the thief again and again.

"Apple ordered to run adverts stating Samsung did not copy iPad"
Commentary
What Becomes of CFOs During Digital Transformation?
Joao-Pierre S. Ruth, Senior Writer,  2/4/2020
News
Fighting the Coronavirus with Analytics and GIS
Jessica Davis, Senior Editor, Enterprise Apps,  2/3/2020
Slideshows
IT Careers: 10 Job Skills in High Demand This Year
Cynthia Harvey, Freelance Journalist, InformationWeek,  2/3/2020
White Papers
Register for InformationWeek Newsletters
Video
Current Issue
IT 2020: A Look Ahead
Are you ready for the critical changes that will occur in 2020? We've compiled editor insights from the best of our network (Dark Reading, Data Center Knowledge, InformationWeek, ITPro Today and Network Computing) to deliver to you a look at the trends, technologies, and threats that are emerging in the coming year. Download it today!
Slideshows
Flash Poll