Apple Wins EU Victory; Samsung Germany Barred From Selling Galaxy 10.1 - HotHardware
Apple Wins EU Victory; Samsung Germany Barred From Selling Galaxy 10.1

Apple Wins EU Victory; Samsung Germany Barred From Selling Galaxy 10.1

Apple's legal war with Samsung has crossed multiple continents and had far-reaching effects, including forcing Samsung to pull its Galaxy Tab 7.7 from display at the recent IFA exhibition in Berlin. The company has won a significant victory in the EU; Samsung Germany has been banned from selling the Galaxy 10.1 tablet in any EU country.

The wording on the ban is specific and its full impact is unclear. While it applies to all EU countries, it only impacts one division of Samsung--Samsung Germany. Other Samsung divisions operating in the EU are able to continue selling the Tab 10.1, and retailers who already have the device in stock are likely able to sell it provided they obtained it from a division other than Samsung Germany. The validity of the decision is also under attack, with Samsung pointing to a recent Dutch ruling as evidence that the Tab does not in fact, infringe on Apple patents.



Considering the Dutch decision in question banned certain smartphones, it's a bit of a dubious tactic to try to spin it as a counterpoint--particularly since the Netherlands has its own rules for dealing with patent infringement questions. The German decision falls far short of the near-total ban Apple requested in August, and illustrates why Apple wants to choke off Samsung's entire business segment--under the terms of the current decision, Samsung can continue to sell Tabs.

Samsung's Tab launch in Japan is reportedly unaffected by the EU shenanigans and the company told PC World it intends to fight to recent decision. "We will take all available legal options including continuing to aggressively pursue Apple for its ongoing violation of Samsung's wireless technology patents around the world," the Samsung spokesman said.
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Well... I'm guessing in the span of two days, people have already left their opinions. I'll leave mine...

Other companies have made phones based off the iPhone and put Windows Mobile 7 on it and it didn't get a stratch from Apple, but Samsung makes a tablet that looks similarly from the iPad and it gets sued... I'm guessing that since Samsung is the bigger company, it has to face the wrath of terror from Apple.

Now I don't get it, the only thing looks similar is their looks. The patent for the iPad in 2004 showed a similar design but different thickness. Well I don't know if the thickness and differences matter much but it's such a low blow to ban the sale of products based on design; I mean they didn't try to recreate Apple's users experience did they? Just look at the OS in the image, that's pure Android right there!

Hopefully Samsung will be able to work this out before companies start worrying about whether or not their incurring Apple's wrath by having their products look similar to theirs.

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There seem some questions about the accuracy of the images Apple submitted to the court.

Either by some error or presenting skewed images of the Samsung tablets to more closely match the iPad in Apple's favor.The aspect ratio more closely resemble Apple rather than an actual Samsung tablet.in one of the pictures presented to the court .Tainted misrepresentation .in my opinion

and Apple may be moving on to Motorola Xoom.

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rrplay:
and Apple may be moving on to Motorola Xoom.

I doubt it... It has buttons on the front and as everybody knows, if it has buttons on the front then Apple does not stand a chance in court.

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I find this totally ridiculous. Does anyone else thing the judge may have a skewed view. Altered photos should have been discounted in court immediately. Or even better they each should have had to cough up one of their tablets to the judge to physically hold in hand to make the best call.

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