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Injunction Against Galaxy Tab 10.1 Sales in EU Partially Suspended

Discussion in 'iOS Blog Discussion' started by MacRumors, Aug 16, 2011.

  1. macrumors bot



    FOSS Patents reports on news from the German media indicating that enforcement of the preliminary injunction barring Samsung from selling the Galaxy Tab 10.1 anywhere in the European Union outside of the Netherlands has been temporarily suspended in all affected countries other than Germany.


    The temporary suspension, which is in effect until a previously-scheduled hearing set for August 25th, appears to be the result of questions over the German court's authority to ban sales by the Samsung's parent company based in Korea throughout the European Union.

    The injunction was issued against both the Korean parent company and its German subsidiary, and there is some legal ambiguity as to whether the parent company should be considered to have an "establishment" in Germany and thus be subject to such international injunctions. If Samsung Korea is determined to not have an establishment in Germany, Apple's case for an international injunction against the company would be required to go through specific courts in Alicante, Spain.

    The Apple-Samsung dispute made news yesterday when it was revealed that one of the exhibits presented by Apple as part of its case used an incorrect or outdated depiction of the Galaxy Tab 10.1 that made Samsung's tablet appear more similar in appearance to the iPad 2 than it actually is. Today's suspension of the injunction is not related to that discovery.

    Article Link: Injunction Against Galaxy Tab 10.1 Sales in EU Partially Suspended
  2. macrumors newbie

    Let another round of "Asia" and Samsung bashing start!
  3. .11
    macrumors member

    I thought this would be front-page news, since the injunction made the front-page last week.
  4. Guest


    This isn't front page but 'Adobe Introduces 'Muse' Subscription-Based Website Creation Tools' is?
  5. macrumors member

    I cannot help wondering if Apple has made a mistake with this one. This does seem to be generating a fair bit of publicity for it and some may even perceive it as the device that Apple is too afraid to allow to market.

    I mean, there are some superficial similarities but it does not strike me as a complete ripoff.
  6. Guest


    Something certainly doesn't seem right about this case.
  7. macrumors 65816

    Adidas Addict

    How can they partially suspend something that never even happened (Well not in the UK anyway)?

    It's been on sale since this ruling and will continue it seems. Existing stock and orders may continue to be sold, so they said, but I'm sure a few numbers on an order record can easily be changed. Not to worry now anyway I guess.
  8. macrumors 603


    Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; de-de) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

    funny enough all this samsung bashing makes me even more curious for their devices. gotta try out the samsung galax tab 10.1 tmrw which they do sell in germany for some reason
  9. macrumors member

    In terms of the design, from the front I think it is too generic looking to reasonably protect the design, especially when there are other differences in the dimensions. The thing that really distinguishes Apple products for me is the prominent home button, which is why I can see where Apple are coming from with the phones, but this is little more than a non-descript digital photo frame. From the back, they are really very different.

    Admittedly I do not know what the situation is with any other patents that Apple does hold though.
  10. macrumors member

    Samsung must be very happy:

    free publicity!
    thanks to Apple
  11. macrumors 604


    The result of this case will be very, very interesting.
  12. macrumors 68040

    Dr McKay

    I always wondered about these disputes, has Apple patented "A glass rectangle with a black border"?
  13. macrumors demi-god


    Almost. They didn't include a black border, because of the white iPad :)

    There are several other huge threads on this topic. The particular EU design registration in this dispute has the following drawing. Doesn't include a Home button, nor does it even say it's for a tablet computer.


    The actual injunction request goes further and also claims too-similar packaging (white box, photo, device under lid).
  14. macrumors 603


    I think part of the problem for Apple is that their designs tend to be simple, clean and minimalistic. Great to look at certainly, but surely much harder to "protect" that design?

    If iPads had much more stylised, or intricate designs, they would surely be easier to claim as a unique, identifiably Apple design. For instance, if the iPad were in the shape of an apple with a bite out of it, no other tablet-maker could say they accidentally stumbled onto the same design. But when Apple designs the iPad with such a simple, basic shape, it must be harder to claim as a unique design. Indeed, the Samsung digital photo frame (posted on other threads) seems to bear more resemblance to the iPad, than the Tab does.

    In any case, how on earth does a court impose an EU-wide injunction on a product without first ascertaining if it has jurisdiction. Shouldn't that be a key part of the process?
  15. macrumors 65816


    We'll settle for Germany. For now.

    Oh well. At least Germany is the EU's largest economy.

    Gotta start somewhere.


    Maybe Microsoft had the right idea after all...

  16. macrumors 603


    Hah, perhaps you're right SockRolid.... apart from trying to shoehorn a (mostly) desktop OS into a tablet device, that is! ;)

    That's a good pic, though it could include Samsung's design from their digital photo frame somewhere in there!
  17. macrumors member

    Samsung's photo frames have been out before the iPad ever existed too...they both use ARM chips \ run an ARM based OS -- one has more functionality than the other, but if you really take a look -- Apple copied Samsung's design.


    Came out about a year before the iPad

  18. macrumors G5


    Perhaps you haven't heard of this thing called the iPhone? :rolleyes:

    2007: http://en.wikipedia.org/wiki/IPhone_(original)
  19. macrumors regular

    Apple obviously haven't had a mess with one of these as I went to the local pcworld today to play with all the tablets and the tab 10.1 was an absolute pig! It's so juddery and slow compared to the iPad 2 that I don't see what apple is afraid of. If anything the only tablet there that was even close was the asus see pad as that was very fast, very smooth and felt quite nice in the hand. Still hate android myself but if asus can do something like this and include windows 8 which I think will actually be very good then I think Appe will be afraid then.....
  20. srgz, Aug 17, 2011
    Last edited: Aug 17, 2011

    macrumors member

    The iPhone is a tablet? Awesome!
    What do we need the iPad for again?

    But if you wanna go there:


    Sony Clie -- 2004

    (I could photoshop this and stretch out the aspect ratio to make it look more like the iPhone, but I'm not a lawyer for apple :p)
  21. macrumors member

    What on Earth is that child-like thing straddling the father?

  22. macrumors G5



    Probably just another fake image created by Android drones. They tried before with another phone and was soon found to be fake.
  23. macrumors demi-god


    It's a Clie TH55. A handheld PDA though, more of an iPod touch size.
  24. macrumors G5


    LOL you are famous because of my post.

    All Things D -> @daringfireball -> @ReiVersuri (image source) -> cult of mac -> @ObamaPacman which points to your post above.

    Anyway, allthingsd found this post probably through the tweets between me and the person who didn't credit his source (cultofmac) until I asked. However, allthingsd mistakenly thought that you created the image.

    It's totally original. Or let's see, Apple 1993:

    Attached Files:

  25. macrumors newbie


    Your graphic is a FAIL.

    Anyone can grab images of "medical tablets" which are for professionals in the pharmaceutical and medical industries and compare them with consumer devices. What is inexcusable is that Mashable ran with your misinformation and ran an article with your image as a supporting piece. The "after iPad" section is completely incorrect because none of those tablets or the iPad have replaced medical tablets. Fail.

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