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German court bars Samsung Galaxy Tab 10.1 from sale in Europe in Apple suit

post #1 of 180
Thread Starter 
A key legal victory for Apple in the European Union has reportedly blocked the sale of Samsung's Galaxy Tab 10.1 across the continent for alleged patent violations.

A judgment made in the Regional Court of Dusseldorf in Germany granted Apple a preliminary injunction barring the sale of Samsung's latest iPad-competing tablet, according to The Telegraph. The judge who made the decision has backed Apple's assertion that Samsung products infringe on the patented design of the iPad 2.

The decision means that the Galaxy Tab 10.1 has been barred from sale and marketing across all of Europe, except for the Netherlands. The device went on sale in the U.K. last week, but Samsung must now remove it from shelves and cease marketing it there as well.

"While Samsung can appeal against the judgment, the injunction will still stand in the meantime," author Shane Richmond wrote. "Any appeal would be heard in around four weeks' time and would be heard by the same judge."

The decision comes soon after a court in Australia also ruled in favor of Apple in a lawsuit alleging that Samsung has copied the look and feel of devices like the iPhone and iPad. That victory forced Samsung to delay the launch of the Galaxy Tab 10.1 in Australia.

The legal battle between the two technology giants began in April, when Apple sued Samsung in the U.S. and accused the company of violating patents relating to the iPhone and iPad.

In lawsuits with the U.S. International Trade Commission, both Samsung and Apple have asked that each others' products be banned from importation because of alleged patent infringement. But unlike in Europe and Australia, the ITC has not taken such drastic measures thus far in America.



The Galaxy Tab 10.1 was added to Apple's case against Samsung in June, along with a number of other devices, including the Nexus S 4G, Galaxy S smartphones, and Droid Charge. In that filing, Apple asserted that Samsung has become "even bolder" in copying the iPhone and iPad.

Apple has used aggressive language in its filings against Samsung, referring to its rival as "the copyist." Samsung has responded in kind, and has argued in court that some of Apple's legal team should be disqualified for an alleged conflict of interest.

Despite the bitter legal battle, Apple is said to be the largest customer of Samsung, and is expected to buy some $7.8 billion in components from its rival this year. But there have been rumors that Apple plans to move production of its custom-built chips, beginning with the a so-called "A6" processor in 2012, away from Samsung to another chipmaker, Taiwan Semiconductor Manufacturing Company, in 2012.
post #2 of 180
Samsung is really going to feel this hit. I would imagine that this lawsuit is going to have much farther-reaching consequences than Samsung ever imagined. I suspect that TouchWiz will be seeing a significant overhaul to strip most of the best (and infringing) features. Apple's been having a good deal of success in its recent lawsuits against Android manufacturers.

I'm excited to see how large an impact iPhone 5 will have on Apple's global, as well as US, marketshare.
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post #3 of 180
I'm getting the feeling that there's more to this than meets the eye. Same with the Google.
Hmmmmmm...
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Hmmmmmm...
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post #4 of 180
You mean these court decisions actually have teeth?

Well, blow me over ...
post #5 of 180
what's important to know is the judge's grounds for the ruling. the big question is, is the infringement easy for Samsung/Android to fix/workaround? or is it something important that will make a big difference?
post #6 of 180
Quote:
Originally Posted by AppleInsider View Post

A judgment made in the Regional Court of Dusseldorf in Germany granted Apple a preliminary injunction barring the sale of Samsung's latest iPad-competing tablet,

Yeah, probably the author should have looked up what a "Einstweilige Verfügung" is.
It's in no way a "key legal victory", especially given the courts in germany.



Quote:
Despite the bitter legal battle, Apple is said to be the largest customer of Samsung, and is expected to buy some $7.8 billion in components from its rival this year. But there have been rumors that Apple plans to move production of its custom-built chips, beginning with the a so-called "A6" processor in 2012, away from Samsung to another chipmaker, Taiwan Semiconductor Manufacturing Company, in 2012.

Samsungs fabs have an acceptable yield and at least are capable of producing the A6.
TSMC on the other hand - once again - seems to have quite some problems in getting their manufactoring process working >.>
post #7 of 180
I'm sure this court ruling is why there is rioting in London. Brits want their Galaxy Tabs!



P.S., it's a joke, I feel sorry for the Brits and I hope the violence stops soon.
post #8 of 180
Quote:
Originally Posted by Alfiejr View Post

what's important to know is the judge's grounds for the ruling. the big question is, is the infringement easy for Samsung/Android to fix/workaround? or is it something important that will make a big difference?

According to foss-patents it's a community-design patent, ie. it covers the appearance of the 10.1. Samsung can fix it, but they'll have to create a completely new enclosure - and there will be no way to fix the existing units, those will have to be shipped off somewhere else.
post #9 of 180
You know what the remote sucks, the configuration menu sucks, why can't these boneheads design a half decent interface. They don't have clue how to innovate. As far as I'm concerned die die die, and let Apple take their TV market share too

Originally by Rickers - 2014 : Cook & will bury Apple.  They can only ride Steve's ghost so long.


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Originally by Rickers - 2014 : Cook & will bury Apple.  They can only ride Steve's ghost so long.


History reduce Apple Watch.... to a footnote in the annals of technology - Benjamin Frost Dec 2014



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post #10 of 180
Quote:
Originally Posted by Stupidhero View Post

Samsungs fabs have an acceptable yield and at least are capable of producing the A6.
TSMC on the other hand - once again - seems to have quite some problems in getting their manufactoring process working >.>

Can you link any evidence that Samsung's 28nm process is in better shape than TSMCs? Even any credible rumours - I've not seen anything particularly convincing thus far.
post #11 of 180
Quote:
Originally Posted by Paul94544 View Post

You know what the remote sucks, the configuration menu sucks, why can't these boneheads design a half decent interface. They don't have clue how to innovate. As far as I'm concerned die die die, and let Apple take their TV market share too

Back in the eighties, early nineties, Samsung products were so bad that they were almost at the Goldstar level. I've never been able to look at their products since that time.
Hmmmmmm...
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Hmmmmmm...
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post #12 of 180
Quote:
Originally Posted by Paul94544 View Post

As far as I'm concerned die die die, and let Apple take their TV market share too

As far as I'm concerned the the the...?
post #13 of 180
Finally. It's about time.
post #14 of 180
German court bars Samsung Galaxy Tab 10.1 from sale in Europe in Apple suit

OUCH!

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post #15 of 180
Quote:
Originally Posted by success View Post

As far as I'm concerned the the the...?

Come on, no one who speaks German could possibly be bad!
post #16 of 180
Quote:
Originally Posted by cvaldes1831 View Post

I'm sure this court ruling is why there is rioting in London. Brits want their Galaxy Tabs!



P.S., it's a joke, I feel sorry for the Brits and I hope the violence stops soon.

Nah, they're rioting because the government put a stop to football violence years ago and let's face it, you've got to have a good old riot over something from time to time.
post #17 of 180
duplicate
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post #18 of 180
Was ist das? Das ist Scheiße!

Especially if the product has been shipped -- then must be removed from shelves and/or returned.

There goes all of Sammy's profits... likely, a large minus to the bottom line.

They can't even sell them on OverStocked.com or the like.

At some point, resellers are going to wise up and avoid manufacturers who provide tainted goods!

BTW, AAPL is within $6 Billion market cap of XOM...
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post #19 of 180
"Apple alleged that the Galaxy Tab imitates the iPad and infringes on various intellectual property rights owned by Apple. Apple asked the Landgericht (district court) of Düsseldorf, Germany, to order an injunction under which Samsung is threatened with fines of up to EUR 250,000 (US$ 350,000) for each violation or imprisonment of Samsung's management in the event of continued infringement. Those are standard sanctions under German tort law for contempt of a preliminary injunction."


WOW the EU is not f'in around! :eek:

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post #20 of 180
I just spent an hour testing out the Galaxy 10.1 for a client project.

If you like smooth scrolling, extended battery life and the ability to read the NY times in portrait mode, get the iPad.

If you want an expensive iPad copy with a jerky, redundant interface, Europeans will have to travel to the US.

The Galaxy Tab 10.1 is a blatantly bad copy of the iPad. If I had never seen the iPad before I would think that the 10.1 is an amazing device with a horribly confusing interface. If you are not tech savvy, the Galaxy tab is not user friendly and you will need help. lame.

I just love how the bottom icon tray superimposes itself over the home screen apps. I love how there are 3 other ways to get to some variation of an app launcher. It is everything they teach you not to do in human factor training.

The way that the scrolling lists bounce at the bottom and the multitouch scrolling will need to be removed from android. I had not expected the copying to be so blatant down to fit and finish details.
post #21 of 180
I was out and about a few days ago, and there was this fellow sitting pretty close by using what I thought was an iPhone. It took a while, but I discovered that it was a Samsung Copyist model. I have no idea which model it was, but it took a good hard look to realized it wasn't an iPhone. I could see how people could get confused.
post #22 of 180
Quote:
Originally Posted by starnyc View Post

I just spent an hour testing out the Galaxy 10.1 for a client project.

If you like smooth scrolling, extended battery life and the ability to read the NY times in portrait mode, get the iPad.

If you want an expensive iPad copy with a jerky, redundant interface, Europeans will have to travel to the US.

The Galaxy Tab 10.1 is a blatantly bad copy of the iPad. If I had never seen the iPad before I would think that the 10.1 is an amazing device with a horribly confusing interface. If you are not tech savvy, the Galaxy tab is not user friendly and you will need help. lame.

I just love how the bottom icon tray superimposes itself over the home screen apps. I love how there are 3 other ways to get to some variation of an app launcher. It is everything they teach you not to do in human factor training.

The way that the scrolling lists bounce at the bottom and the multitouch scrolling will need to be removed from android. I had not expected the copying to be so blatant down to fit and finish details.

Mmm... Maybe Apple should withdraw their complaint and allow the Sammy to find its natural level...

Customer returns have a much worse effect on the bottom line than reseller returns.

Nothing makes a quality product look good -- like a bad copy.
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post #23 of 180
Quote:
Originally Posted by Dick Applebaum View Post

Mmm... Maybe Apple should withdraw their complaint and allow the Sammy to find its natural level...

Customer returns have a much worse effect on the bottom line than reseller returns.

Nothing makes a quality product look good -- like a bad copy.

Except that you'll start hearing this:

"A friend of mine took his iPad back... it was a real piece of shit. He couldn't even download any apps from the app store."
Hmmmmmm...
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Hmmmmmm...
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post #24 of 180
This has a double-barrel loss potential


Quote:
Despite the bitter legal battle, Apple is said to be the largest customer of Samsung, and is expected to buy some $7.8 billion in components from its rival this year. But there have been rumors that Apple plans to move production of its custom-built chips, beginning with the a so-called "A6" processor in 2012, away from Samsung to another chipmaker, Taiwan Semiconductor Manufacturing Company, in 2012.

Once someone gets on Steve's shitlist, there's no getting off.

I am sure that Apple will continue to use Sammy as a supplier where they need to -- but will actively seek alternatives and abandon Sammy at the earliest opportunity.

I still believe that Apple wants Intel to make the A6,
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post #25 of 180
Quote:
Originally Posted by cvaldes1831 View Post

I'm sure this court ruling is why there is rioting in London. Brits want their Galaxy Tabs!



P.S., it's a joke, I feel sorry for the Brits and I hope the violence stops soon.

I was gonna make a flip comment about this, but it turns out it's serious business. My local burrito place is closed early, my local sushi place is closed early even my local pizza place closed early. I may have to cook!

I'm shocked, shocked and appalled.
post #26 of 180
Quote:
Originally Posted by island hermit View Post

Except that you'll start hearing this:

"A friend of mine took his iPad back... it was a real piece of shit. He couldn't even download any apps from the app store."

Sigh... sadly, you're right!
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post #27 of 180
Not surprised to be honest, because:
1) Europe - we don't f**k around and;
2) Germany - they REALLY don't f**k around!

Its nice to see all of this payoff in the end - the level of obvious copy cat was at the same level as Jesus is to a bible-belt christian.

... at night.

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... at night.

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post #28 of 180
Quote:
Originally Posted by island hermit View Post

Except that you'll start hearing this:

"A friend of mine took his iPad back... it was a real piece of shit. He couldn't even download any apps from the app store."

This is why it matters to Apple. It does create confusion and it does taint Apple's brand. So many people don't get it. I do find all the Europeans critiquing US patent laws to be fairly amusing now.

It appears this ruling is binding on the whole EU. Will it remain until the issue ismresolved in court?
post #29 of 180
Quote:
Originally Posted by Stupidhero View Post

Yeah, probably the author should have looked up what a "Einstweilige Verfügung" is.
It's in no way a "key legal victory", especially given the courts in germany.





Samsungs fabs have an acceptable yield and at least are capable of producing the A6.
TSMC on the other hand - once again - seems to have quite some problems in getting their manufactoring process working >.>

It certainly is a key victory. Whether it will stand in the next 4 weeks is a different question. But the fact that this happened at all is significant. I was surprised.

Along with the decision in Australia, another temporary one, of course, this will influence the ITc here, as these decisions always do.
post #30 of 180
Quote:
Originally Posted by Wovel View Post

This is why it matters to Apple. It does create confusion and it does taint Apple's brand. So many people don't get it. I do find all the Europeans critiquing US patent laws to be fairly amusing now.

It appears this ruling is binding on the whole EU. Will it remain until the issue ismresolved in court?

It's binding everywhere but the netherlands, since apparently there was already a case there.
post #31 of 180
It's a funny thing, because the US courts in Texas would never file in favor of Apple's IP.
post #32 of 180
I would just love to be a fly on the wall at the next Samsung board meeting. They are all probably going to kill themselves. Serves them right...
post #33 of 180
Quote:
Originally Posted by benanderson89 View Post

Not surprised to be honest, because:
1) Europe - we don't f**k around and;
2) Germany - they REALLY don't f**k around!

Its nice to see all of this payoff in the end - the level of obvious copy cat was at the same level as Jesus is to a bible-belt christian.

France learned that twice last century.... didn't they?
post #34 of 180
Quote:
Originally Posted by Dick Applebaum View Post

BTW, AAPL is within $6 Billion market cap of XOM...

From Apple ][ - to new Mac Pro I've used them all.
Long on AAPL so biased
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Long on AAPL so biased
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post #35 of 180
Quote:
Originally Posted by PaulMJohnson View Post

Nah, they're rioting because the government put a stop to football violence years ago and let's face it, you've got to have a good old riot over something from time to time.

It's a poor area, not too far from where my daughters' dorm is. The police shot someone, who died, and that's what the riots are about, so it isn't a a funny thing.
post #36 of 180
Quote:
Originally Posted by zindako View Post

It's a funny thing, because the US courts in Texas would never file in favor of Apple's IP.

Sounds like Apple should start all future suits in Germany.

On the serious side, the impact of this is magnified by the comparatively short shelf life of such gadgets. Every month off the market is like seven years in human terms. By the time the dust settles the Galaxy Tablet 10.1 will be obsolete. Apple may have effectively shut it down.
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post #37 of 180
Quote:
Originally Posted by melgross View Post

The police shot someone, who died, and that's what the riots are about, so it isn't a a funny thing.

That was the trigger, but not what it's about anymore. At this point it's just a lot inchoate anger aided and abetted by anarchy with a small A.
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post #38 of 180
Quote:
Originally Posted by Dick Applebaum View Post


BTW, AAPL is within $6 Billion market cap of XOM...

Check this:
http://blogs.barrons.com/techtraderd...TB-33692.html?
post #39 of 180
Quote:
Originally Posted by island hermit View Post

Except that you'll start hearing this:

"A friend of mine took his iPad back... it was a real piece of shit. He couldn't even download any apps from the app store."

Oh, I read posts like this on a daily basis about all of Apples' products, on various sites. It's amusing, because Apple has the lowest return rates, on average. But, when we read, even though they are testimonial in nature, of Samsungs' top phones having return rates of 30-40%, and of about 100% Of their tablets in Staples, it becomes something to begin believing in light of Samsung's recent statement that they will no longer provide numbers of tablets and phones shipped. Shipped, not even sold!

And how do these numbers relate to marketshare? Well, they use shipped numbers for everyone except Apple, for whom we know the sold numbers. But are returns taken into account in this? I don't know. We heard that Samsung shipped 5 million of their top Galaxy phone, but if 30% were returned, that means that they couldn't possibly have SOLD more than 3.5 million, when returns are taken into account, assuming they sold every unit that was shipped. But I bet that 5 million will be the number used in the totals. Same thing for their tablets. Meaningless!
post #40 of 180
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