Samsung Galaxy Tablet 10.1 Withdrawn From Europe Due To Ruling On Patent Issues
We have been covering many of the legal issue that are currently doing the rounds within the high tech mobile device market.
Apple have their claws into Samsung and Google over a whole manner of patents they feel have been stolen and are contained within the Galaxy 10.1 as well as other devices.
The fastest selling tablet since the iPad 2 stopped dead in its tracks:
The Samsung Galaxy 10.1 which launched in Britain in early August will now have to be removed from stores due to a decision by law courts in Germany, Samsung will also have to stop marketing the product.
Preliminary injunction to blame:
It was a regional court in Düsseldorf, Germany that granted the injunction on behalf of Apple inc, this for now halts the sale and marketing of the Galaxy 10.1 tablet and currently covers all of Europe apart from the Netherlands.
The judge presiding decided that Apple was correct in believing that the tablet had copied parts of the Apple iPad 2
Samsung can appeal:
While the judgement is in place no Samsung 10.1 tabs can be sold or marketed within the restricted zone set out in the judgement, however Samsung can appeal but will not see the current ban lifted until it was heard and a decision made in Samsung’s favour, this will take at at least four weeks from now.
Apple have separate lawsuit in the Netherlands
Florian Muller an Intellectual property analyst has stated in a blog post that:
“The exception of the Netherlands is due to the aforementioned separate legal proceeding in that country. That exception relates only to Samsung’s Korean parent company, not to the German subsidiary.”
The larger cousin to Samsung’s original 7 inch offering – the plain old Galaxy tab, is a very close naughty cousin to the iPad 2 and is also a slimmer model to its unhappy family member and now has a similar sized screen.
Apple have released a statement from a spokesperson working at Apple inc saying:
“It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”
On the flip-side Samsung’s spokespeople have only just released statements after saying that the company would not be commenting on legal proceedings.
Here is what Samsung have finally said about the legal problems facing the Samsung Galaxy 10.2 tab:
“Samsung is disappointed with the court’s decision and we intend to act immediately to defend our intellectual property rights through the ongoing legal proceedings in Germany and will continue to actively defend these rights throughout the world.”
“We will take all necessary measures to ensure Samsung’s innovative mobile communications devices are available to customers in Europe and around the world.”
“The request for an injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung.”
Second injunction from Apple related to the Samsung 10.1 tablet:
With the Australian launch of the Samsung 10.1 galaxy tablet delayed indefinitely after Apple filed a complaint to the Australian courts, and Apple also suing Samsung back in April for further perceived infringements of trademarks and patented technology, it is quite seriously hotting up in the legal arena related to the mobile market for smartphone and tablet devices. Samsung have also released counter claims related to their own technology and Apple’s alleged misuse.
So how annoyed are you that this is happening…were you looking forward to getting you hands on the Samsung 10.1 only to have a German court stop the sale of the item in its tracks?
Anthony Munns