Apple granted preliminary injunction, Samsung barred from selling Galaxy Tab 10.1 in most of European Union

Apple granted preliminary injunction, Samsung barred from selling Galaxy Tab 10.1 in most of European Union

According to the German news agency, dpa, Apple has been granted its motion for a preliminary injunction against Samsung, resulting in the Galaxy Tab 10.1 being barred for sale in all European Union nations with the exception of the Netherlands. (Apple has a separate injunction awaiting ruling in the Netherlands.)

This injunction relates only to the design of the Galaxy Tab 10.1, which Apple alleges "blatantly imitate the appearance of Apple’s products to capitalize on Apple’s success".

Apple had previously filed trade dress as well as patent infringement lawsuits against Samsung, calling them a "copyist". However, this is still early days. The preliminary injunction may not become permanent, Apple and Samsung may come to a settlement, or Samsung may alter the design of the Galaxy Tab 10.1 in order to no longer be found infringing.

More as this develops.

[dpa via FOSS Patents]

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, ZEN and TECH, MacBreak Weekly. Cook, grappler, photon wrangler. Follow him on Twitter, App.net, Google+.

More Posts

 

0
loading...
0
loading...
0
loading...
0
loading...

← Previously

iOS 5 beta 5 bugs/issues, iPhone 5 and new hardware feature, iPhone obsession, Cases, Google+ - From the Forums

Next up →

Introducing Facebook Messenger for iPhone

There are 38 comments. Add yours.

Stynkfysh says:

I have 3 computer monitors. They all look exactly alike and are made by 3 different companies. There is a natural design for displays. Come on Apple. You sound like a kid on the playground crying 'He's copying me!'. There is still a world of difference on the inside of these machines.

Mister-E says:

Unbelievable! In no way does this look like an iPad.

OrionAntares#CB says:

Sure it does, it's got a glass front touchscreen and a metal back cover....

OrionAntares#CB says:

I know right. Clearly Apple holds some serious patents on sandwiching glass and metal!

tazh89 says:

its not even metal back...its samsung so its plastic...apart from having a black bezel and being rectangular lol they look nothing a like...i guess you reaaly can patent anything today which is really sad.

johncblandii says:

It isn't even close to an iPad. They should be addressing the phones that look like an iPhone.

tazh89 says:

i have the galaxy s2 and to me its just a slab and not one person has said to me it looks like an iphone..for starters theirs 1 home button with 2 capacitive button has a hump on the back and myriad of other differences which i could go on about..only think same is that it is similar shape...also samsung have had grid icons before iphone on there phones and also samsung have had that big button on their phones before iphone too so i dont understand how people say samsung copied apple when samsung have had these design ques on there phones before iphone was ever released...i am guessing apple are having trouble banning the galaxy s phones otherwise i am sure it would have been already as the were filed before the tablets were involved.

johncblandii says:

I think it is more about TouchWiz.

Tazh89 says:

Apart from the side scrolling app drawer I don't really see any "copying"..also in the new touchwiz 4 they no longer have boxed icon like touchwiz 3....still I think f that's what they are sueing for then judge should have laughed in there face....its not like apple have not copied other OS's software...I see no problem with that but when you copy yourself and then Sue others for doing the same...I have a huge problem with that.

johncblandii says:

My issue exactly.
Glad they changed TouchWiz. Maybe this will negate the suit.

John says:

I was planning to get one!! Thanks a lot Apple ****bags

Stynkfysh says:

Funny. Seriously though, go to: http://www.samsung.com/global/microsite/galaxytab/10.1v/images.html - true it has a black edge around the screen (ideal to make colors pop and same as 90% of LCD's on the planet) and it has a silver edge (same as iPad 1 pretty much), but it has a lot more buttons and the back is completely different. So basically, it has a silver edge that is the same.

johncblandii says:

It us thinner, larger, and the OSes are world's apart.

Fociz says:

While I agree Samsung is nothing more than a pathetic idea stealing machine, the patent and copyright laws need a complete overhaul.
In their current and outdated state, they completely stifle innovation and always favor the guy who has the deepest pockets.
Wait..did I just describe our political and law system in America?

johncblandii says:

What is copied? Visually show me the copy cat points for the Tab 10.1.

tazh89 says:

they all say x copied apple but when asked to show they never seem to comment back or say ''google it'' lol..apple patents are so broad and basic that they should not have even been allowed to be patented in the first place..patent system is a joke and hopefully all this lawsuit will make everyone realise that it needs to be reformed now.

johncblandii says:

That's what the suit is about. The Tab 10.1 was thrown in because it is seen as a threat. You don't attack non-threatening peeps...you hit your threats first. I'd bet that's the case.

johncblandii says:

I do agree there has to be something but the suit started over the phones, which strike a far greater similarity.
As to your (b) remark, you take out the biggest threat first and the Tab is prob the top Android tablet today [maybe not next week but who knows]. lol

Stynkfysh says:

Right. Tab is the #1 threat this week. I am not saying that Samsung isn't mimicking the iPad. I just wish Apple would concern themselves with advancing their product and take the high road more. I mean, some of their patents are downright ridiculous and it is obvious that they consider using the courts to limit competition as part of their business strategy. Apple is held in such high esteem that if they used their power for good, such as bringing manufacturing back to the US, perhaps other companies would copy them just like they have with smart phones and tablets. Instead they like to sue companies. A lot. A tarnished aspect of their business for me.

johncblandii says:

@BobMarley14 Really? 5 minutes of being top dog and you're hanging your bag on that? Wow.

Robert White says:

I'm thinking it's time to dump that Apple stock in my 401k. At this rate that hacker group Anonymous will be targeting Apple real soon.

Chris says:

Jobs will just sue them. Like he sues everyone else

tazh89 says:

it would be great if that came true..apple need to brought down a peg or 2

Farid Rahmi says:

I have mixed feelings, tablets are a bit too simple devices to be copied, but imagine a car being cloned, it takes years/billions to have it designed and copying truly represents an unfair competitive advantage for the company that doesn't have to go through this process. Where do you draw the line, no idea ....

tazh89 says:

everyweek my hate for apple(not the products) gets bigger and bigger, its why the iphone 4 will be my last apple product regardless of how good the future products are..they are suing for the most idiotic things and i am no patent lawyer but really apple!! i know most if not all big companies are hypocrites but i dont think i have seen any bigger than apple.

James Jun says:

All this is doing is stifling innovation. As much as I hate Apple, I've acknowledged that they have made a big impact on the technology market. But this is beyond stupid.

fastlane says:

I don't buy wannabe-brand crap.

Chris says:

Same can be said for Apple if you were on the other side of the fence

Stynkfysh says:

At this point I would do what I could to bring the manufacturing back to the U.S., at the sacrifice of some profit if need be. But I know I am in the minority. Henry Ford's factories created jobs that allowed people to buy his cars. We are lacking that relationship in our economy.

Tazh89 says:

All you have shown is how broad apple patents are.

johncblandii says:

iOS would be different without every other smartphone prior to it. They all build from the good and bad of others.

tazh89 says:

apple have patented the shape rectangle for tablets...this just proves what a shamble the patent system has become...hopefully all this bull**** will sort it out quicker...i use think microsoft were bad but apple make them look like saints...i guess power does get to everyone eventually...lets hope el job dont sue people for being size zero otherwise the modelling industry is in huge danger.

johncblandii says:

Aight folks, I bought a Galaxy Tab yesterday and I penned a post about my experience. In there I included a few points where I think Samsung could have avoided: http://johncblandii.com/2011/08/samsung-galaxy-tab-10-1-welcome-home.html.
Is it enough to get a preliminary injunction? Sure. A permanent injunction? Ha! I doubt it but time and the law will tell. :)

fix bankruptcy says:

I am no longer certain where you are getting your information, but good topic. I needs to spend some time finding out more or working out more. Thanks for fantastic info I was looking for this information for my mission.