09
Sep
2011-07-04 14h22_52

German Court Puts The Smack Down On Samsung Again, Refuses To Lift Ban On Galaxy Tab 10.1 Sales

Posted by in Galaxy Tab 10.1, News

Early last month, a German court halted the sale and distribution of the Galaxy Tab 10.1 due to a suit filled against Samsung by Apple. Naturally, Sammy appealed the injunction, but the court has upheld the ban on Tab 10.1 sales, citing that "Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible."

This comes as yet another blow against Samsung, as it has already had to halt sales of the Tab 10.1 in a few other countries, as well as pull its Galaxy Tab 7.7 showcase from the IFA conference last week.

Sammy said that it will once again file an appeal, as this ruling "severely limits consumer choice in Germany” and “restricts design innovation and progress in the industry."

[Bloomberg]

24
Aug
apple-patent

[Updated] Dutch Court Bans Sales Of Samsung Galaxy Smartphones In The European Union

Posted by in News, Samsung

Looks like today is going to be a bad day for Samsung, as a Dutch court has just granted Apple's request for a preliminary injunction banning the sale and importation of the Samsung Galaxy S, Galaxy S II, and Ace smartphones from the European Union. This decision follows Apple's earlier victory in Germany where distribution of the Samsung Galaxy Tab 10.1 was banned everywhere in the EU, save for the Netherlands.

As identified by Reuters earlier this month, the Dutch port of Rotterdam is a key point of entry for goods imported into the EU from Korea. Hence, although the ban imposed by the Dutch court is only on Samsung subsidiaries registered in the Netherlands, it could nevertheless have devastating consequences on Samsung's European distribution and logistical network.

16
Aug
samsung-galaxy-tab-10-1

Injunction Banning Sale Of Galaxy Tab 10.1 In EU Temporarily Lifted Due To Jurisdiction Concerns

Posted by in Android OS, Galaxy Tab 10.1, News, Samsung

This morning, as part of the ongoing Samsung v Apple patent litigation, the German court responsible for imposing a ban on Galaxy Tab 10.1 sales in the EU has backpedaled, temporarily lifting the injunction enjoining Samsung from distributing its flagship tablet in the European Union.

Why? It appears the German court decided that it may lack the authority to enjoin Samsung's Korean parent corporation under the EU's regulations regarding international jurisdiction. Long story short, Samsung Korea can sell all the Tab 10.1's in Europe that it wants, for now, except in Germany. Samsung Germany, however, cannot sell anywhere in the EU (this part of the injunction remains enforced).

09
Aug
Samsung-Galaxy-Tab-10.1110307175237

Germany Halts Distribution Of Galaxy Tab 10.1 In Europe (Except Netherlands) In Apple Patent Lawsuit Injunction

Posted by in Android OS, News, Samsung

In a decision with potentially far-reaching consequences, a German court handed down a preliminary injunction halting all distribution of the Galaxy Tab 10.1 in the European Union today, after a motion was filed by Apple for just such an order.

The suit in question is over nine patents, most of which relate to broad smartphone functions and concepts. The patents are so broad that Apple sued Nokia over them (yes, the exact same nine patents) last year in the same German court, and that suit ended in a settlement widely presumed to be a victory for Apple.

I don't know all that much about German intellectual property law, or the German standard for issuing preliminary injunctions, but I can tell you one thing: this would almost certainly never happen in a U.S.

07
Jul
AmazonAppstoreLogo_thumb (1)

Judge Denies Apple's Request For Injunction To Restrict Amazon's Use Of "Appstore" Name

Posted by in Android OS, Apps/Games, News

In what was a largely expected ruling, a district court judge in California yesterday denied Apple's motion for a preliminary injunction against Amazon attempting to bar the use of the word "Appstore" in conjunction with the Amazon Appstore.

The standard set for enforcing such an injunction is high - generally, the infringement on the trademark must be so clear that there isn't a genuine debate about whether or not consumers are likely to be confused, the infringement should be relatively obvious. Here, according the presiding judge, Apple failed to meet that burden, and was unable to establish any clear likelihood of confusion among consumers.

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