Apple seeking EU ban of all Samsung Galaxy smartphones, tablets
Following up on initial action seeking an injunction against Samsung's Galaxy Tab 10.1 in Germany, Apple has filed a new complaint against a broad range of Samsung Galaxy branded smartphones and tablets in the Netherlands.
Apple was already granted a preliminary injunction against the Galaxy Tab 10.1 tablet by a German court, under the concept of infringement of a registered design. That ruling did not pertain to the Netherlands however, which does not offer the same legal protections over product designs as German law does.
Apple's initial injunction originally applied to all of Europe apart from the Netherlands, but was later limited to Samsung's German subsidiary by the court after it said it was not sure if it had the jurisdiction to apply the ban to a Korean company.
Apple's new, parallel filing in the Netherlands pertains to patent infringement rather than just copying design elements, and goes far beyond the German filing in both scope and intent. While the German ban only applies to the Galaxy Tab 10.1, and only prevents Samsung's German subsidiary from importing new models, it did not prevent existing inventories from being sold.
However, Apple's new filing demands an injunction against sales of essentially all of Samsung's Android-based smartphones, including the Galaxy Ace, Galaxy S and Galaxy SII, as well as the original Galaxy Tab 7 and new 10.1 tablets, according to a report by Computerworld.
It also extends to other related models, such as the Google-branded Nexus S, and the Samsung Gio, Europa, Appolo, and Mini, of which Apple says, "It is expected that these devices are also covered by one or more of the patent rights invoked."
An attack on the channel
Further, rather than just banning new imports, Apple calls for a complete recall of all stocks of affected Samsung devices from European distributors and resellers, and an legal injunction against "manufacturing, stocking, importing, distributing, trading or selling" by Samsung Korea and its Dutch subsidiaries, which include Samsung Logistics BV and Samsung Overseas BV.
Apple also demands that Samsung be compelled to notify all of its channel clients of a recall of all infringing products, and that it offer compensation for retail stock value and the return transportation of the devices. Apple also wants Samsung to warn its resellers that "by storing, offering and/or selling of the above mentioned Galaxy smartphones [and tablets], you commit infringement of the intellectual property rights of Apple."
Canalys analyst Alastair Edwards stated that if the injunction is granted, it could have significant implications for the European market, noting that "this is a very big threat to Samsung, because basically their whole European supply chain will be broken."
While pointing out that Samsung is currently ahead of Apple in sales of smartphones in the the Europe, Middle East and African market, "this could mean it's almost game over for Samsung in Europe."
The Hague court will rule on the injunction September 15, but judge Edger Brinkman has stated that any injunction wouldn't be granted until at least October 13. However, the threat of an injunction and the disruption it might cause resellers as their inventories are returned to Samsung may prevent them from taking new inventory. "Distributors and resellers now have to think hard whether to keep Galaxy products in stock," Edwards stated.
Apple takes up patent protections for iPhone
Apple promised to enforce its patented innovations related to the iPhone when it first appeared, but did not take immediate action against every rival that appeared. Apple spent no efforts pursuing legal action against the Palm Pre for example, which barely made a dent in smartphone sales. However, Samsung is the largest Android licensee and has produced a new line of Galaxy branded mobile devices that are closely pattered after Apple's iPhone, iPod touch and iPad.
Apple's original complaint filed in Germany indicated that the company tried to negotiate with Samsung last fall, but was rebuffed by its component partner and rival. Samsung subsequently began bringing its Galaxy models to market around a number of jurisdictions, complicating Apple's efforts to stop it.
At the same time, Google's announced acquisition of Motorola Mobility has sent Samsung's executives into action to shore up support for Bada, the company's own hedge against Android. Apple's legal action against Samsung applies both to hardware designs (potentially affecting both Android and Bada-based phones) and software elements related to Android.
Apple was already granted a preliminary injunction against the Galaxy Tab 10.1 tablet by a German court, under the concept of infringement of a registered design. That ruling did not pertain to the Netherlands however, which does not offer the same legal protections over product designs as German law does.
Apple's initial injunction originally applied to all of Europe apart from the Netherlands, but was later limited to Samsung's German subsidiary by the court after it said it was not sure if it had the jurisdiction to apply the ban to a Korean company.
Apple's new, parallel filing in the Netherlands pertains to patent infringement rather than just copying design elements, and goes far beyond the German filing in both scope and intent. While the German ban only applies to the Galaxy Tab 10.1, and only prevents Samsung's German subsidiary from importing new models, it did not prevent existing inventories from being sold.
However, Apple's new filing demands an injunction against sales of essentially all of Samsung's Android-based smartphones, including the Galaxy Ace, Galaxy S and Galaxy SII, as well as the original Galaxy Tab 7 and new 10.1 tablets, according to a report by Computerworld.
It also extends to other related models, such as the Google-branded Nexus S, and the Samsung Gio, Europa, Appolo, and Mini, of which Apple says, "It is expected that these devices are also covered by one or more of the patent rights invoked."
An attack on the channel
Further, rather than just banning new imports, Apple calls for a complete recall of all stocks of affected Samsung devices from European distributors and resellers, and an legal injunction against "manufacturing, stocking, importing, distributing, trading or selling" by Samsung Korea and its Dutch subsidiaries, which include Samsung Logistics BV and Samsung Overseas BV.
Apple also demands that Samsung be compelled to notify all of its channel clients of a recall of all infringing products, and that it offer compensation for retail stock value and the return transportation of the devices. Apple also wants Samsung to warn its resellers that "by storing, offering and/or selling of the above mentioned Galaxy smartphones [and tablets], you commit infringement of the intellectual property rights of Apple."
Canalys analyst Alastair Edwards stated that if the injunction is granted, it could have significant implications for the European market, noting that "this is a very big threat to Samsung, because basically their whole European supply chain will be broken."
While pointing out that Samsung is currently ahead of Apple in sales of smartphones in the the Europe, Middle East and African market, "this could mean it's almost game over for Samsung in Europe."
The Hague court will rule on the injunction September 15, but judge Edger Brinkman has stated that any injunction wouldn't be granted until at least October 13. However, the threat of an injunction and the disruption it might cause resellers as their inventories are returned to Samsung may prevent them from taking new inventory. "Distributors and resellers now have to think hard whether to keep Galaxy products in stock," Edwards stated.
Apple takes up patent protections for iPhone
Apple promised to enforce its patented innovations related to the iPhone when it first appeared, but did not take immediate action against every rival that appeared. Apple spent no efforts pursuing legal action against the Palm Pre for example, which barely made a dent in smartphone sales. However, Samsung is the largest Android licensee and has produced a new line of Galaxy branded mobile devices that are closely pattered after Apple's iPhone, iPod touch and iPad.
Apple's original complaint filed in Germany indicated that the company tried to negotiate with Samsung last fall, but was rebuffed by its component partner and rival. Samsung subsequently began bringing its Galaxy models to market around a number of jurisdictions, complicating Apple's efforts to stop it.
At the same time, Google's announced acquisition of Motorola Mobility has sent Samsung's executives into action to shore up support for Bada, the company's own hedge against Android. Apple's legal action against Samsung applies both to hardware designs (potentially affecting both Android and Bada-based phones) and software elements related to Android.
Comments
There's an injection for that?
Yes... it's an antidepressant called ipadalopram.
Let the party begin. Samsung, a name already in the past tense of language should be in the past tense of companies in the tech field. Keep making refrigerators and TV sets, Samsung.
OK I have to stop that's just getting too goofy. I think Apple is demonstrating conclusively that they are iron-clad on their intent here - I wonder what the back-story is to this.
I suppose we'd better buckle-in for the usual spat of "everyone copies, Apple's being bad to Samsung, Apple is just trying to kill/hating on Android, the picture was photoshopped, DED is a tool, etc." now.
They (Apple) just want to make sure he stands up to his word as far as not copying their products.
They are hessitating based on being a supplier for Apple.
Now, I think, they should go all out on crushing Appple.
Remember, Samsung said they have real technology.
More than anything. I think Apple realizes how intimidated Samsung's CEO has become.
They (Apple) just want to make sure he stands up to his word as far as not copying their products.
Not sure this is just about Samsung. Its the most obvious target for a campaign meant to signal that 'we will protect our IP'. The more Samsung gets slapped the more everybody will take note and step a little more cautiously.
AppleInsider desperately needs a proofreader!
Hey, when you want to be the first to post a news story, something's gotta give. Even USAToday Online has become lax in their grammar and proofreading.
Is Samsung that stupid that they cannot update the skin of their products to look different from iOS? Just about any other Android UI is better looking...
I don't think that would make one iota of difference. Apple has clearly decided that any and all serious competition isn't going to tread on their turf unscathed. Sammy's smartphones could be shaped like guitars and use tropical fruit for icons, but if they're great sellers then Apple's coming after them. They simply won't tolerate any real competitors and appear more than willing to let their lawyers loose to deal with them. The single exception might be Microsoft who is probably the only one with perhaps more IP armament than Apple.
Hey, when you want to be the first to post a news story, something's gotta give. Even USAToday Online has become lax in their grammar and proofreading.
But this isn't a "first" story. And "everybody else does it" isn't a valid excuse.
I found interesting following link.
http://www.engadget.com/2006/03/09/s...s-movies-music
I think Apple copied design from the Samsung didital photo frame in Ipad series.
I have an Ipad 2. Before buying it, I compared it with Galaxy Tab 10.1. I liked GT, but my wife wanted Ipad 2. I see that both are rectangular flat touch screen tablet computers, but everything else is different I mean size, weight, operating system and all other specs. To all fanboys who are agreeing with 'Samsung copied', have you actually compared?
I found interesting following link.
http://www.engadget.com/2006/03/09/s...s-movies-music
I think Apple copied design from the Samsung didital photo frame in Ipad series.
It's very obvious this is a near identical copy of the iPad. . .
as it would appear a few years later.
Seriously tho, I don't know why Samsung wouldn't pull that out as evidence that the Tab is simply based on their own original design from 5 years ago. It's an ugly photoframe IMHO, but with a very good beginning for a full-fledged media device.
Pretty simmilar except for the giant SAMSUNG on the front and the fact that it is twice the size.
Yes I can see your point, lot's of people are going to mistakenly end up buying a Galaxy because the mistook it for an iPhone - not.
I am waiting for Ford (or whoever) to ask for a global injunction on of the sale of all cars that have: 4 doors, 4 wheels located more or less near the corners, an engine located in the front, glass all round a roof above the glass, devices on the front piece of glass that sweep backwards and forwards to clear rain...
I have an Ipad 2. Before buying it, I compared it with Galaxy Tab 10.1. I liked GT, but my wife wanted Ipad 2. I see that both are rectangular flat touch screen tablet computers, but everything else is different I mean size, weight, operating system and all other specs. To all fanboys who are agreeing with 'Samsung copied', have you actually compared?
I found interesting following link.
http://www.engadget.com/2006/03/09/s...s-movies-music
I think Apple copied design from the Samsung didital photo frame in Ipad series.
I think that Apple is 100% in the wrong on these look and feel law suits. I guess Apple is trying to game the broken world wide patent system to it's advantage. I guess I am more mad at the stupid laws that allow this type for crap to happen in the first place.
Virtually NO ONE is going to mistake these Samsung devices for the Apple devices.
However, you are not going to get many people to post on this site who think that these type of law suits are a bad idea unless another company sues Apple for the same thing.
If Apple wins this case the law suits from all sides will paralyze the industry IMHO......
It's very obvious this is a near identical copy of the iPad. . .
as it would appear a few years later.
Seriously tho, I don't know why Samsung wouldn't pull that out as evidence that the Tab is simply based on their own original design from 5 years ago.
I guess Samsung might have not wanted be followed in Apple's direction being confident of what they have, ie real technology patents. I think Samsung fully awares Ipad is blantant copy, I mean design wise, of their own digital photo frame. They might have treated getting design idea is not copy althogh I think Apple crossed line.