Apple wins EU-wide ban on Samsung Galaxy Tab 7.7, loses Galaxy Tab 10.1N appeal
A German court on Tuesday extended Apple's injunction against Samsung's Galaxy Tab 7.7 to encompass the entire E.U. but at the same time denied a similar appeal from the iPad maker to block sales of the larger Galaxy Tab 10.1N.
While Apple won a favorable ruling from the Dusseldorf Higher Regional Court in Germany effectively blocking E.U. sales of Samsung's 7-inch tablet, it was denied a linked request for an injunction against the larger Galaxy Tab 10.1N, which was designed to specifically skirt the iPad maker's patents, reports The Verge.
Tuesday's judgment extends a previous German Galaxy Tab 7.7 sales ban to the whole of the E.U. and represents the second win for Apple's European design patents. In September 2011, Apple won a permanent German sales ban against the Galaxy Tab 10.1, a ruling that was upheld in January based on the country's "unfair competition" laws.
Interestingly, the Galaxy Tab 10.1 injunction caused Samsung to pull demo units of the 7-inch tablet from showcases just after the device was unveiled at the IFA consumer electronics show in Berlin last September.
Samsung's issued statement regarding the sales ban:
The day was not completely Apple's, however, as the Cupertino-based company was denied in yet another appeal to stop sales of the 10-inch Galaxy tablet purpose built to side-step the imposed German injunction. Originally built a month after the German sales ban in 2011, the 10.1N was ultimately cleared for sale in February after the Dusseldorf court cited notable changes had been made to the tablet's design. Subsequent appeals from Apple to secure an injunction have thus far been unsuccessful.
Samsung's response regarding the Galaxy 10.1N judgment:
Apple and Samsung are mired in a morass of worldwide patent litigation spanning over 10 countries. The two tech monoliths are slated to face each other in a high-profile California court case next week barring the unlikely event of an out-of-court settlement.
While Apple won a favorable ruling from the Dusseldorf Higher Regional Court in Germany effectively blocking E.U. sales of Samsung's 7-inch tablet, it was denied a linked request for an injunction against the larger Galaxy Tab 10.1N, which was designed to specifically skirt the iPad maker's patents, reports The Verge.
Tuesday's judgment extends a previous German Galaxy Tab 7.7 sales ban to the whole of the E.U. and represents the second win for Apple's European design patents. In September 2011, Apple won a permanent German sales ban against the Galaxy Tab 10.1, a ruling that was upheld in January based on the country's "unfair competition" laws.
Interestingly, the Galaxy Tab 10.1 injunction caused Samsung to pull demo units of the 7-inch tablet from showcases just after the device was unveiled at the IFA consumer electronics show in Berlin last September.
Samsung's issued statement regarding the sales ban:
Samsung is disappointed with the court?s ruling. 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.
The day was not completely Apple's, however, as the Cupertino-based company was denied in yet another appeal to stop sales of the 10-inch Galaxy tablet purpose built to side-step the imposed German injunction. Originally built a month after the German sales ban in 2011, the 10.1N was ultimately cleared for sale in February after the Dusseldorf court cited notable changes had been made to the tablet's design. Subsequent appeals from Apple to secure an injunction have thus far been unsuccessful.
Samsung's response regarding the Galaxy 10.1N judgment:
The court's denial of Apple's 10.1N request is unlikely to result in any substantial gains for Samsung as the Korean company has already announced the tablet's successor in the aptly-named Galaxy Tab 10.1 2."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. Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."
Apple and Samsung are mired in a morass of worldwide patent litigation spanning over 10 countries. The two tech monoliths are slated to face each other in a high-profile California court case next week barring the unlikely event of an out-of-court settlement.
Comments
...and let the Apple vs Samsung war begin :P
Quote:
Originally Posted by AppleInsider
Samsung's issued statement regarding the sales ban:
Screw you Scamsung. You have a lot of nerve to even IMPLY that you have any IP rights to defend. Consider yourself lucky that Xerox did not sue you for overuse of the "copy" button.
This is great news. Let this serve as an example to any other shop that tries to use Apple as their R&D department. Copy Apple, and risk spending lots of money on lawyers.
$10 bucks that Scumsang will simply come out with a Galaxy Tab 7.7n like they did with their 10" tablet.
Shameful people at Samsung. They really should be embarrassed.
Quote:
Originally Posted by sflocal
Screw you Scamsung. You have a lot of nerve to even IMPLY that you have any IP rights to defend. Consider yourself lucky that Xerox did not sue you for overuse of the "copy" button.
This is great news. Let this serve as an example to any other shop that tries to use Apple as their R&D department. Copy Apple, and risk spending lots of money on lawyers.
$10 bucks that Scumsang will simply come out with a Galaxy Tab 7.7n like they did with their 10" tablet.
Shameful people at Samsung. They really should be embarrassed.
So you say the Galaxy Tab 7.7n is the result of Apple R&D ?
That's strange, considering it contains AMOLED, Equinoxys CPU and Samsung developed RAM, as well as an OS which might be greatly inspired by the look and feel of iOS, but was engineered from the ground up (with all it's apparent defects in the earlier versions, which can be seen by the results of for instance project Butter).
Note : This case relates to design, not technical issues.
Yeah but why let the facts get in the way of an over the top anti Samsung rant...
On the other hand the 10 inches version is pretty much a ripoff of the iPad...but it isn't banned?? Why isn't Samsung obliged to put a disclaimer on their website saying that they copied?
Also, I fail to see how a court in Germany can decide for a ban on the whole EU, it doesn't work that way.
Apple won one and lost one here. There are two results from this that are important:
1. IP law has some gray areas and some of the Apple/Samsung cases fall into those gray areas - which is why you get inconsistent rulings from different courts (and from appeals courts). The entire process is narrowing down the gray areas in IP law so that companies will have clearer direction as to what is acceptable and what isn't. A clear definition of what constitutes illegal copying and what doesn't will be good for the industry in the long run.
2. Apple's overriding objective is to stop Google, Samsung, and the rest from copying them. cf Steve Jobs's quote "Even if you give me $5 billion, I wouldn't take it. I want you to stop copying". And looking at the design of some of Samsung's latest products, that may be happening.
I think the plan is to copy the latest-greatest-most-popular thing that comes out, then modify your product once you've established a customer base. Presto, you're in the market - which, in the long run, makes up for any early lawsuits.
What these decisions show is:-
Apple did not "patent the rectangle", their specific design patents can be worked around as shown by the Galaxy Tab 10.1n
Apple's design patents are very specific and copying them too closely will get your product banned as shown by the Galaxy Tab 10.1 and 7.7.
Quote:
Originally Posted by ClemyNX
This decision is totally illogical because the 7 inches Tab doesn't really look like an iPad. It's obviously smaller and features no home button.
On the other hand the 10 inches version is pretty much a ripoff of the iPad...but it isn't banned?? Why isn't Samsung obliged to put a disclaimer on their website saying that they copied?
Also, I fail to see how a court in Germany can decide for a ban on the whole EU, it doesn't work that way.
haha you're clearly not a layer are you?
It's like saying it's illogical since the first shape doesn't really look like the second shape since it's obviously smaller and features no black color.
Second statement: please read the article again or dig in the history of the German court disputes between Apple and Scumsung (really like this term-hope it's not copyrighted :P ).
Last statement: Please remember that nowadays, pretty much EU = Germany. As for the jurisdictional standpoint i'm not sure entirely since you'd have to read exactly the Court's ruling.
I'm surprised a German regional court has the ability to issue an EU wide ban. That should be the domain of the European Court. Maybe they should hurry up and get the proposed single European Patent System and Patent Court up and running as soon as possible so settle these issues.
Why do you think design is unimportant? Design is the first thing a consumers sees. It is what makes them try the product out in the store. It is what Sir Ive gets paid so much for. You mean that's not worth protecting?
Quote:
Originally Posted by AndreiD
Please remember that nowadays, pretty much EU = Germany. As for the jurisdictional standpoint i'm not sure entirely since you'd have to read exactly the Court's ruling.
FYI...
Member states of the EU (year of entry)
Candidate countries
I guess they are all kinda like germany
Quote:
Originally Posted by Zozman
FYI...
Wel.. yes yes my friend, in theory that's perfect correct but in practice today Germany and far seconded by France is the only economy keeping this EU together, including Greece in the circle of happy friends. And speaking of my own country i can say that recently Ms. Angela Merkel warned that if the Romanian politicians don't get the $hit together (short story) Romania may be suspended at first from taking EU funds and afterwards who knows... So you see generally speaking when the Economic community talks about the EU and the decisions taken by the EU, most often look at Germany.
Quote:
Originally Posted by mausz
So you say the Galaxy Tab 7.7n is the result of Apple R&D ?
That's strange, considering it contains AMOLED, Equinoxys CPU and Samsung developed RAM, as well as an OS which might be greatly inspired by the look and feel of iOS, but was engineered from the ground up (with all it's apparent defects in the earlier versions, which can be seen by the results of for instance project Butter).
Note : This case relates to design, not technical issues.
Design = technical.
Like architecture + structural engineering = Design.
Design is not scribbling.
Quote:
Originally Posted by AndreiD
Wel.. yes yes my friend, in theory that's perfect correct but in practice today Germany and far seconded by France is the only economy keeping this EU together, including Greece in the circle of happy friends. And speaking of my own country i can say that recently Ms. Angela Merkel warned that if the Romanian politicians don't get the $hit together (short story) Romania may be suspended at first from taking EU funds and afterwards who knows... So you see generally speaking when the Economic community talks about the EU and the decisions taken by the EU, most often look at Germany.
Fair enough, its a mess.
I'm from Australia but my family is from Serbia so I've been keeping my eye out on all of this.
I don't know how the EU can work properly, places like Turkey being in it means that cheaper workers will go to places like Germany & it can effect the economy in the whole EU, that's as far as i understand.
Quote:
Originally Posted by AndreiD
Wel.. yes yes my friend, in theory that's perfect correct but in practice today Germany and far seconded by France is the only economy keeping this EU together, including Greece in the circle of happy friends. And speaking of my own country i can say that recently Ms. Angela Merkel warned that if the Romanian politicians don't get the $hit together (short story) Romania may be suspended at first from taking EU funds and afterwards who knows... So you see generally speaking when the Economic community talks about the EU and the decisions taken by the EU, most often look at Germany.
Rubbish!
Are you suggesting that judicial system is rigged!?
The right-wing dominance of Europe right now, lead by Frankfurt nutHeads has nothing to do with this court-fight.
Germans actually like Apple produce things.
The Best creative firms are German firms , so they DO mind about copycats like Samsung.
Quote:
Originally Posted by Zozman
Fair enough, its a mess.
I'm from Australia but my family is from Serbia so I've been keeping my eye out on all of this.
I don't know how the EU can work properly, places like Turkey being in it means that cheaper workers will go to places like Germany & it can effect the economy in the whole EU, that's as far as i understand.
Keep this muslin fear-mongering out of this discussion.
We need NO Fascist here!
Turkey is a modern country, growing farther than any other European country.
Serbia is a lot less Democratic than Turkey.
Quote:
Originally Posted by sflocal
$10 bucks that Scumsang will simply come out with a Galaxy Tab 7.7n like they did with their 10" tablet.
If that 7.7n isn't a carbon copy of Apple's design then they have done something right, late but that's a different story