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Apple gets early ban on Samsung Galaxy Tab 10.1 in Europe

updated 01:25 pm EDT, Tue August 9, 2011

Apple wins preliminary ban on Galaxy Tab in case

Apple scored a major upset in its legal dispute with Samsung after it secured a preliminary ban on the Galaxy Tab 10.1 in Europe. A Dusseldorf court ordered Samsung to stop selling the Android tablet in all European Union countries outside of the Netherlands. Samsung can appeal but will lose at least four weeks of sales before the hearing.

Samsung didn't comment on the finding. It faces a 250,000 euro ($350,000) fine, or even the jailing of management, for any incident in which it's found violating the terms of the ban.

The Korean company is already facing a partial restriction until October, but it could be a finishing blow if granted.

Apple has insisted that the Galaxy Tab, as well as the Galaxy S, S II, and other devices, are consciously designed to resemble its own products from the hardware look to the interface. While Samsung has denied the claims in court, it admitted to changing a design after the iPad 2 arrived and mysteriously had a much thinner Galaxy Tab at the CTIA show in March that looked more like Apple's form

Apple has been hoping to apply pressure across the board and force Samsung into agreeing to pay a settlement before Samsung's own countersuits can have any effect. While slowing down a major Android competitor is believed to be the real goal, the dispute with Samsung is focusing more on directly imitative elements such as the iPhone-like TouchWiz interface than technology patents.



By Electronista Staff
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Comments

  1. Jonathan-Tanya

    Fresh-Faced Recruit

    Joined: Oct 2004

    -6

    weight, thinness, quality

    You can decrease the weight, increase the quality, make the device thinner - that's called competing.
    Make it faster, dual core, add memory - still competing.

    Rounding the edges - competing. Changing the number of buttons - competing.

    Knowing what your competition is doing and responding to it - competing.

    And frankly Apple never owned an exclusive right on making something translucent, or brushed steel - or anything else.

    But it is possible to completely clone someone to cause brand confusion - and if Samsung is doing that - they'll pay for doing that.

    The problem is, the article is written like you don't believe in capitalism. Well if you don't - sorry but Apple got where it is by competing - and competing so well as to outshine its competitors.

  1. SockRolid

    Forum Regular

    Joined: Jan 2010

    +7

    A good start

    This is just a baby step. Apple will use this victory as legal precedent against rampant copying of the iPad's physical design. The Samsungs of the world will be forced to stop their mindless cloning.

    The best defense? Make your iPad clones look less like iPads. Easy. (Of course, you could still end up like HTC and get sued for infringement of Apple's GUI patents, but that's another "bag of hurt.")

  1. bigmig

    Fresh-Faced Recruit

    Joined: Jan 2004

    +4

    No problem...

    It's not like they were going to sell many of them anyways.

  1. Jonathan-Tanya

    Fresh-Faced Recruit

    Joined: Oct 2004

    -3

    Nokia settlement

    It's a little tiring hearing the endless bleating about patent violations. Apple had to settle with Nokia and Microsoft both over patent issues. What if those companies had never agreed to settle, and just said 'sorry' remove all your products. What then?

    The system is broken - no doubt about it. Apple has an advantage over Google, but Apple is no stranger to losing a patent fight and paying out the wazoo for it.

    Google may end up following Apple's path in that regard, here soon.

    Either way - the system is still borked.

  1. facebook_Justin

    Via Facebook

    Joined: Aug 2011

    -1

    comment title

    Good, thats what you get Samsung, for trying to help the Adobe popularize that piece of c*** virus Flash, God is punishing you. I hope you scumbags go bankrupt. Good job Apple, I'll be there on launch day to get my iPhone five.

  1. ASathin8R

    Fresh-Faced Recruit

    Joined: Oct 2010

    +2

    Apple may have

    ...used off the shelf parts for the iPhone and iPad in the main, but it pit them together in a way no one had done before. Android and the associated hardware has not innovated around what Apple has done. It has copied it wholesale and deserves to be stopped from doing so. If what Apple has accomplished was obvious, why hadn't it been done before?

    Samsung might as well change its name to Samesung and be done with it.

  1. sdfalk

    Fresh-Faced Recruit

    Joined: May 2007

    0

    re:weight, thinness, quality

    Seems to me like a brief well rounded article regarding two competing products to me..
    Perhaps the "don't believe in Capitalism" nonsense is a little much.
    Well my comrades and I must get back to work undermining the Capitalist, tyrannical
    oligarchy ..doh..I've said to much

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