updated 03:15 pm EDT, Thu August 18, 2011
Successful ban would deal major damage
Apple's complaint against Samsung in the Netherlands could potentially cripple the latter company's phone and tablet lines across Europe, a closer examination shows. The document calls for an injunction against all Galaxy devices, not just the Galaxy Tab 10.1. This includes the 7-inch Galaxy Tab, as well as the Galaxy Ace, Galaxy S and Galaxy SII smartphones. The Gio, Nexus, 551, Europa, Apollo and Mini are "expected" to be "covered by one or more of the patent rights invoked," according to Apple.
The ban would cover manufacturing, stocking, importing, distributing, trading or selling any of the products, whether by Samsung Korea or its Dutch subsidiaries, among which are Samsung Logistics BV and Samsung Overseas BV. "Samsung Logistics is responsible for 28 distribution channels throughout Europe," Apple notes. The company is further demanding that Samsung and its subsidiaries send letters of request to all their European clients, asking them to recall infringing products within 14 days.
Samsung would be responsible for compensating the clients for purchase prices and transportation. The letters would have to specify though that if retailers failed to comply, they themselves would be violating Apple's intellectual property. A court in the The Hague will make make a ruling on the complaint on September 15th; any injunctions would take effect by October 13th.
Samsung received a temporary reprieve on Tuesday in a separate case concentrating on the Galaxy Tab 10.1. A German court then ruled that because of questions of jurisdiction, a preliminary ban would be lifted outside of Germany. A wide ban might return, however, based on the outcome of an August 25th hearing.