Printed from http://www.electronista.com

Apple pushes for Europe-wide ban on all Samsung Galaxy gear

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.



By Electronista Staff
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Comments

  1. J2-Droid

    Fresh-Faced Recruit

    Joined: Mar 2011

    -7

    Give it up

    Apple needs stop this iTrolling shenanigans. Arguing that their customer could get confused by the Galaxy Tab is just insulting the customer. What is Apple so worried about? That iPad is obviously a superior product, it's an iPad not a tablet.

  1. lamewing

    Dedicated MacNNer

    Joined: Aug 2004

    -1

    Too far

    Apple is going too far in this instance. It seems more like Apple is concerned that the Galaxy S models might actually create some competition. Apple wake up...!!! I use your products and am here to tell you that you have nothing to worry about. Your iOS devices are much better overall. Stop lawyering up just to cut out the competition.

  1. Arne_Saknussemm

    Forum Regular

    Joined: Apr 2011

    -1

    It's sad...

    ...but it seams Apple's wonderful period of unprecedented innovation and leading design is all but over.
    Replaced by a dark age of patent trolling and consumer restrictions that only benefits lawyers and media fat cats.

    Definitely a bigger and bolder Micro$oft.

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +9

    You don't get it guys...

    The laws says IF you do not protect your intellectual property you will lose it, just like Kleenex, Xerox, etc. did. Levi Strauss (jeans) rigorously protects their brand or they will lose it. Apple put a lot of blood sweat and I am sure, tears into their work, not to mention $$$. To lay down and roll over for the copycats who have never had an idea except to copy, this is a big period of adjustment for the Asians! If they innovate, they will survive. if they don't they will be run over. My guess is that the three preceding writers have never created or invented anything worthwhile. If you don't know what it is like, you DON'T know what it is like.
    It's not trolling, it's protecting themselves. The copycats were the ones who were trolling.

  1. I_am_John_Doe

    Fresh-Faced Recruit

    Joined: Aug 2011

    -3

    Actually...

    You don't get it. This is about "Look and Feel" being overreached by a mile. If someone makes a product that's a clone, that is "look and feel." I've looked at the images on the served papers for filing, and that Tab would like iPad from maybe 20ft away from the front. Look at all the comparison shots and say it's EXACTLY like the iPad. Here's a truth, the design 1-ups the iPad. But, with a recent activities with Germany occurring, how else would Apple retaliate, by going after everything, including the XOOM. This is called killing the competition by blocking sales. Maybe, it can also be monopolyish activities. And before you call me a Google Droid fanboy Troll, I only own Apple products.

  1. aussiearn

    Fresh-Faced Recruit

    Joined: Jan 2011

    +3

    Who cares

    Who cares about the moaning of fandroids... The courts will setle this and the Fandroids will just have to go on b*tchin LOL

  1. facebook_Vincent

    Via Facebook

    Joined: Aug 2011

    +1

    Android copy and should not be attacked ????

    Android is the Microsoft of our time. Same Business model (with a small twist : price dumping) , same copy machine as Microsoft in the eighties. Apple get screwed by Microsoft. I think it's fair to do not let that happen again.

    Do you own opinion. Look all smart phone before the iPhone and after. Slide ton unlock, pinch, little dot to present multi page, list that rebound, global look and feel ... all that invented and patented by Apple. They actually think about it during long and long hours and invested a lot of R&D into that.

    I also agree that not everything from android is a steal and that apple for some unknown reason tend to attack with questionable patent, but that do change the facts, their are victim of a copy machine once again. If someone come to your house and steal your property, you do go to the police right ? well that's the same thing here.

    There is a millions of different way for google to do their OS (look RIM, look MSFT), but only one to be like iOS. and they choose this path.

    I am not a big fan of those lawsuit but I think it's fair.

  1. facebook_John

    Via Facebook

    Joined: Aug 2011

    -2

    Samsung Digital photo frame 2006

    Check the link below from Engadget 2006 and see who copied who first. Apple says they copied the design of the ipad but look at this photo from Samsung.

    http://www.engadget.com/2006/03/09/samsung-digital-picture-frame-stores-pics-movies-music

  1. aussiearn

    Fresh-Faced Recruit

    Joined: Jan 2011

    +2

    LOL a digital photo frame..

    You can't be serious, a digital photo frame. I take it you have no idea of the law whatsoever... I love it when Fandroids try so desperately and fail so hard...

    Here are a few undisputed facts for you:
    1) Google used Java code without licensing it!
    2) Handset makers (HTC and the list is growing) are paying Microsoft $5/handset due to a patent infringement in the Android OS.
    3) Google and handset makers are in breach of the open source GNU license by not posting timely changes to its "supposedly" open source OS code. BTW Apple is in good standing with all its open source code requirements....Google it!
    4) The Google marketplace is a prime target for malware, the latest being one for Google's own Google +. In comparison, while vulnerable to the same attacks as a web browser on any smart phone, the App store has been free of Malware. Laughingly it appears Google is making changes to mimic the walled garden approach of Apple...
    5) Fractured development environment. With so many phones and so any different Android/hardware implementations it is near impossible for developers to make apps that work consistently on even the newest of phones. If you dispute this please listen to All about Android # 20 on the Twit network. Russell Ivanovic, Android developer, gives a chilling insight into real world Android development. http://twit.tv/aaa20
    6) Carriers not passing along OS updates. Carriers focus on selling new phones rather than updating current phones. This has resulted in situations were older phones on some carriers having the latest updates, newer phones not being updated and even fairly new phones being abandoned.

    Android, while a fine OS in itself, is suffering from the Arrogance of Google and the greed of carriers.

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