Apple vs Samsung: Galaxy Tab 10.1 Sales [Update 2]
Apple won an agreement with a German Court to stop Samsung Galaxy Tab 10.1 sales in Europe. Their complaint included 10 patent lawsuits against Samsung for “slavishly” copying their iPad design, packaging (and to an extent the user interface).
Samsung Galaxy Tab 10.1 was one of the fastest selling tablets since it’s launch in Britain a while ago. The German Court orders removal of the tablet from all stores and retailers, with the threat of up to $350,000 in fine if violation continued. The tablet must be removed from the whole of Europe Union, save the Netherlands.
Samsung says that the court has made its order “without any hearing or presentation of evidence”. Samsung will have to wait four weeks till the 25th of August before presenting the case in-front of the same judge.
Apple prevented the tablet’s Australian launch due to the similarities of the US version to the iPad 2. Similar lawsuits in the United States include copyright violations against Infuse 4G, Galaxy S 4G, Droid Charge and the Samsung Galaxy Tab. Apple was unable to halt the latter’s sale in the US, and apparently won’t be stopping the Australian launch either. Samsung says that the US and Australian versions of the tablet are not the same:
The Samsung GALAXY Tab 10.1 variant that was involved in the complaint filed by Apple Inc. with the Federal Court of Australia was one which Samsung Electronics had no plans to release in the Australian market.
The Samsung Galaxy Tab 10.1 targeted for the Australian market is scheduled to be released in the near future.
Day 2, Thursday, Netherlands Launch (Following extract is a conclusion of tweets by @andreasudo on Twitter, who was present at Day 2 trial)
Samsung and Apple’s hired “terriers” fight each other to conclude Galaxy Tab 10.1 sales in
Europe the Netherlands, on Day 2 in court.
When prompted, Apple’s lawyers apparently considered it unnecessary for a side-to-side comparison between the two tablets. They told the court that their complaint was based on the feedback of users and analysis/comparisons of both tablets on the internet, as 80% found design of iPad and Galaxy Tab ‘identical’ or ‘similar in general impression’. The judge was not in favor of this conclusion and criticized the “research methodology”.
While we are perfectly aware that the iPad reached the market first and made an impression on other competitors, Samsung argues that, “lots of electronic devices are flat, rectangular, have rounded corners and large screens, also *before* the iPhone”. I mean, this is what a tablet is supposed to look like, right?
After lots of quarreling about different design and interface patents, the court says that the final judgement will be made on September 15th. Another thing to to notice is that if an injunction is to be placed against Samsung, it would be as late as October the 13th. So while the rest of Europe waits, buyers in the Netherlands have two months to shop until something happens.
Source via @andreasudo on Twitter
Update 2: Dates for the Netherlands and Europe [German Court] Appeal fixed
Samsung will fight back for the continuity of sales of the Galaxy Tab 10.1 in Europe in a court battle taking place on August the 25th. The case will be presented to the same judge in Germany who accepted Apple’s complaint and banned sales in all of Europe save the Netherlands.
The decision is expected a few weeks after the date.
Regarding the ban of the tablet in the Netherlands, Judge Edger Brinkman said on Thursday hat his final decision will be made much later on September 15th. Either Apple’s complaint will be accepted and the tablet will be removed from the Netherlands, or Samsung will defend the tablet and keep the sales continued.
The tablet’s launch in Australia is also in threat of Apple’s countless sues and complaints. Keep reminded though, that Samsung will release the tablet there “very soon”, and it may be different than the US version.