Apple-Samsung Dispute: Galaxy Tab 7.7 Pulled in Germany, iPad Sales Disclosure in Australia?

[MacRumors]

Samsung Galaxy Tab 7.7​

The wide-ranging intellectual property battle between Apple and Samsung has continued in recent days, with one of the more notable events taking place in Germany, where Apple won a new preliminary injunction against Samsung requiring the company to remove its new Galaxy Tab 7.7 from the expo floor at the IFA show in Berlin as part of a broader ban against sale and promotion of the device.

Samsung Electronics Co., the world's second-biggest handset maker, unveiled the Galaxy Tab 7.7 for the first time at the annual trade fair, known as the IFA, which kicked off on Friday for a six-day run in Berlin.

But Samsung pulled the tablet computer out of the show after a Dusseldorf court accepted on Friday Apple's request to ban sales and marketing of the product in Germany, the company said.

Meanwhile, Bloomberg is reporting that Apple is being pressured to reveal specific iPad sales numbers in the United States and United Kingdom as part of its case against Samsung in Australia. The judge in that case is requesting that sales data from markets where Samsung has launched its Galaxy Tab products in order to ascertain whether Apple's sales have been hampered by the Galaxy Tab's introduction.

Apple's claim that the Samsung tablet's release in Australia will hurt iPad sales may carry little weight if it doesn't provide the numbers, Federal Court Justice Annabelle Bennett said in Sydney Federal Court today.

"Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can't draw any positive assumptions," Bennett said.

Despite a request by Samsung, Bennett is not requiring Apple to disclose such figures, but failure to do so would seem to substantially harm Apple's case.

Specific disclosure of iPad and iPad 2 sales in the United States and United Kingdom would be an interesting look into Apple's performance, as the company typically provides little detail on its iOS device sales, only reporting the total number of units sold each quarter on a worldwide basis. Such numbers are considered key competitive information, so much so that Samsung has decided to stop reporting mobile phone sales entirely.

Article Link: Apple-Samsung Dispute: Galaxy Tab 7.7 Pulled in Germany, iPad Sales Disclosure in Australia?

 

[MultiMediaWill]

Who else just wants the iPhone 5 already?

 

[*LTD*]

Samsung keeps having to hand over their stuff to Apple, pull their stuff from trade shows, etc.

That isn't normal. What's going on, Samsung?

Apple is being pressured to reveal specific iPad sales numbers in the United States and United Kingdom as part of its case against Samsung in Australia. The judge in that case is requesting that sales data from markets where Samsung has launched its Galaxy Tab products in order to ascertain whether Apple's sales have been hampered by the Galaxy Tab's introduction.

The irony here is that Apple's sales figures likely won't show that. Because even though Samsung are copyists par excellence, an iPad is still an iPad.

Nobody really wants fake iPads. Even if they're (often very poor) copies.

 

[C00rDiNaT0r]

Apple has been saying if they could make more they would've sold more. How will those sales figures help this case?

 

[ChrisTX]

Who else just wants the iPhone 5 already?

Seriously agreed, enough is enough just hand out the invites for the event already. Toss me an invite while we're at it too Apple!

 

[Oletros]

Perhaps a blind person can be confused by the Galaxy Tab 10.1, but the no one can be confused by the 7.7.

Was even in the filing the 7.7?

 

[gnasher729]

Specific disclosure of iPad and iPad 2 sales in the United States and United Kingdom would be an interesting look into Apple's performance, as the company typically provides little detail on its iOS device sales, only reporting the total number of units sold each quarter on a worldwide basis. Such numbers are considered key competitive information, so much so that Samsung has decided to stop reporting mobile phone sales entirely.

That's why such information goes to the lawyers only, and should there be any leaks then they are in some real trouble.

 

[KnightWRX]

Perhaps a blind person can be confused by the Galaxy Tab 10.1, but the no one can be confused by the 7.7.

Was even in the filing the 7.7?

The 7.7 filing is new. As was the case for the 10.1 in Dusseldorf, the injunction was granted with no hearing or a chance for Samsung to submit objections/comments of their own.

We're still waiting for a ruling on the prior 10.1 injunction, which is supposed to come in on september 9th. The 7.7 claims are new and thus will require a different hearing I guess.

Dusseldorf is just that easy for plaintiffs hence why Apple chose them, as was discussed earlier.

 

[JerzeyLegend]

Apple is getting a bit douchey and anti-competitive.

Seem like whiney children now. "Mommy! Timmy is copying me!!"

 

[Oletros]

The 7.7 filing is new. As was the case for the 10.1 in Dusseldorf, the injunction was granted with no hearing or a chance for Samsung to submit objections/comments of their own.

We're still waiting for a ruling on the prior 10.1 injunction, which is supposed to come in on september 9th. The 7.7 claims are new and thus will require a different hearing I guess.

Dusseldorf is just that easy for plaintiffs hence why Apple chose them, as was discussed earlier.

Yes, I know how Dusseldorf court works but I didn't knew that Apple has filed a new filing about the Tab 7.7

 

[jonnysods]

Poor Samsung. This just must be killing their sales right now. I hope it comes to resolution for them soon (not saying who is at fault here).

Wonder how this will affect Apple's dependance on Samsung for panels?

 

[cmChimera]

Wasn't this a patent case? Why would sales figures matter?

 

[boss.king]

I'm really disappointed by the way Apple is handling this. Sure, it's good for their business, but it's terrible for the consumer. It also just comes off as petty. I really hope judges start throwing these patent cases out.

 

[michaelsviews]

Guess its time to check out the samsung galaxy, if Apple is having such hisy fits.

My iPad has maybe 36 hours of usage on it since purchase, that was at least 5 to 6 month's ago.

 

[GQB]

I'm not sure what iPad sales disclosure accomplishes.
Apple is claiming 2 kinds of harm.
1) Actual sales lost to Samsung clones
2) damage to reputation by people who then think that the Samsung POS is an iPad. (People often really aren't that bright.) Harm to a nascent brand.

I don't see how disclosure of Aussie sales either proves or disproves that.
Compared to what?;

 

[BlindMellon]

Only in Germany. What, did Apple pick the country with the most facist laws on the books?

 

[Kaibelf]

Poor Samsung. This just must be killing their sales right now. I hope it comes to resolution for them soon (not saying who is at fault here).

Wonder how this will affect Apple's dependance on Samsung for panels?

Samsung needs to stop using lazy designers. That said, Apple has a contract as their biggest customer. If Samsung doesn't honor it, their reputation and bottom line would be in shambles with their other partners, and their shareholders would NEVER stand for it. They know better.

 

[dgdosen]

Regarding the 7.7" device - it's hard for me to think that there'd be an injunction on a device of such a substantially different size.

Is it possible that Apple is coming out with a device of that size and has shown some kind of proof that Samsung copied or broke some contract agreement about using the same components in one of their devices?

Are there any undisclosed documents in this case?

 

[KnightWRX]

Wasn't this a patent case? Why would sales figures matter?

It's a case over design. In the EU, this is about a Community Design registration. In the US it is about a design patent. This is more akin to trade dress than actual patents. Sales figures would be used to prove that Apple's allegation that the Samsung tablets are causing confusion and thus lost sales for them in the market.

It would strengthen their positions. Of course, with them not even able to keep stock of the iPad 2, they probably can't really prove that Samsung is harming their sales.

 

[Sir Ruben]

Guess its time to check out the samsung galaxy, if Apple is having such hisy fits.

My iPad has maybe 36 hours of usage on it since purchase, that was at least 5 to 6 month's ago.

I dont have a use for an iPad 2 either but i'll take yours off your hands on the cheap if you wish?

 

[Oletros]

Regarding the 7.7" device - it's hard for me to think that there'd be an injunction on a device of such a substantially different size.

Is it possible that Apple is coming out with a device of that size and has shown some kind of proof that Samsung copied or broke some contract agreement about using the same components in one of their devices?

No, Dusseldorf court grants injuctions with no defendant hearing, almost only presenting them.

 

[KnightWRX]

Regarding the 7.7" device - it's hard for me to think that there'd be an injunction on a device of such a substantially different size.

Is it possible that Apple is coming out with a device of that size and has shown some kind of proof that Samsung copied or broke some contract agreement about using the same components in one of their devices?

Are there any undisclosed documents in this case?

The disclosed documents show how broad Apple's claim is. They basically registered any rectangle device with a full glass front and a bezel around the screen with rounded corners :

http://es.scribd.com/doc/61944044/Community-Design-000181607-0001

Even the HP Touchpad infringes on this. It's surprising that Apple is only going after Samsung though.

 

[AppleScruff1]

Hopefully Samsung goes out of business soon.

 

[*LTD*]

Hopefully Samsung goes out of business soon.

Nah. No need to wish for that. They just need to clean up their act a bit and step up their game. Start pulling off a few June 2007s and January 2010s once in a while. Blaze a few trails like Apple.

 

[LagunaSol]

Apple is getting a bit douchey and anti-competitive.

Or maybe Samsung should become "competitive" and actually do their own design work?