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.
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.
