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Samsung is left scratching its head over Apple's Galaxy Tab win

Caught off-guard by German court decision
Wed Aug 10 2011, 14:44

Samsung Galaxy Tab 10.1KOREAN ELECTRONICS GIANT Samsung has been caught off-guard by a court ruling preventing sales of its 10.1-inch Galaxy Tab across Europe, initially berating the court for its decision and then backtracking on this response.

The German court's preliminary injunction prevents Samsung from selling the larger tablet model across the European Union, aside from the Netherlands. This is in response to an Apple complaint that Samsung was infringing several of its patents and copying the design of its successful Ipad tablet with its Galaxy Tab.

The injunction clearly came out of the blue for Samsung, which issued an initial statement berating the court action before deciding to backtrack on this response.

"The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung," Samsung said early on Wednesday, according to Reuters.

"We will take all necessary measures to ensure Samsung's innovative mobile communications devices are available to customers in Europe and around the world."

However, Samsung has since told us that it cannot verify the Reuters statement as official, and instead has issued a watered-down version.

"Samsung is disappointed with the court's decision and we intend to act immediately to defend our intellectual property rights through the ongoing legal proceedings in Germany and will continue to actively defend these rights throughout the world," Samsung said.

"We will take all necessary measures to ensure Samsung's innovative mobile communications devices are available to customers in Europe and around the world."

Apple, looking down at its Korean rival from its lofty position of growing sales and increasing fanboi fervour, has not taken the opportunity to kick a dog while it's down. Although the outcome is positive for the cappuccino company, it did not give a direct response, instead reiterating its initial complaints about the Tab.

"It's no coincidence that Samsung's latest products look a lot like the Iphone and Ipad, from the shape of the hardware to the user interface and even the packaging," the firm said. "This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas." µ

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Motion Computing had tablets...

Long before Apple even had Steve Jobs back, and yes they had touch screens.

What about Palm? They had stylus tablets, albeit smaller but touch pads just the same.

Apple is doing what it does best, stealing prior art, improving on it and then taking credit for the full patent.

That is not the way it works, speaking as an EE that had patents that had to contest prior art.

Apple just has enough money to buy the Vatican, much less some patent clerk in Germany.

posted by : FDunn, 12 August 2011 Complain about this comment
Is it really Apple's design?

Hmmm, the IPAD

Seems a lot like the 'PADD' -
Personal Access Display Device

http://www.tek-lado.com/wp-content/uploads/Star-Trek-TNG-DS9-PADD-Replica_1.jpg

http://www.slipperybrick.com/wp-content/uploads/2008/01/stpd.jpg

It's funny that patents should refer to 'prior art'

I guess Star Trek was 'future art'

posted by : Alloy, 11 August 2011 Complain about this comment
So when do we expect the Antitrust Suit to happen?

As an Engineer who worked on the first tablet computer at EO back in 1989 I find all this very amusing.

Apple has just endorsed both the Samsung and Motorola products by taking them seriously.

Apple wants market dominance. Unfortunately we in Europe have laws against this kind of antitrust behavious as Microsoft already found out. So why doesn't Samsung just file an antitrust suit against Apple and have done with it?

I would not buy an Apple product simply because it trys to make cash cows out of its customers by locking them in. I welcome open platforms for the same reason.

posted by : squishysdomain, 11 August 2011 Complain about this comment
RE: Apple did NOT invent the Table

Exactly !!!!
How can Apple claim a design that was already envisioned long before Apple came out with a product.

Apple did NOT invent the Tablet
Gene Roddenberry invented the table. The prior art appears on Star Trek.

posted by : Sheldon Irving, 11 August 2011 Complain about this comment
Go Apple Go

Are u all locally raised unicellular mo@#ns? I am not an Appleboi, Appleshill or Apploid despite restlessly telling everywhere -- Apple is doing right things! What is brainw@shing and angering you? Apple price and Apple iDiots ? Apple brings 90% of money back to US which gives you jobs not takes it. Apple does not obliges you to buy Apple. I do not buy Apple either. I actually buy a lot of Samsung stuff.

You will 1000 times more probably all appear under the bridge because all hi-tech jobs lost to Asia then Apple screw you. In 25 years from now China GDP will be 4 times the US or Europe ones.

Did i say 4 times and you still not noticed ? Truly dumb@sses.

posted by : Slava, 11 August 2011 Complain about this comment
Apple did NOT invent the Tablet

Gene Roddenberry invented the table. The prior art appears on Star Trek.

posted by : rv, 10 August 2011 Complain about this comment
vague patents

This lawsuit as with most patent lawsuits is about vague patents and complaints about style mimicry. A style is popular for a reason. The "in" style right now is black frames and glass "to the edge" whereas it used to be about brushed chrome. Apple can not patent a style. It's ludicris. This is just as bad as way back when a company tried suing the the idea of a hyperlink. Patent law is broken and THIS is why. I'm very surprised this came out of Germany however. Germany is usually for fair competition and consumer rights. This goes against the very grain of what they usually stand for!

posted by : Kiltedbear, 10 August 2011 Complain about this comment
Still hope for the Tab

Interesting comment from RĂ¼diger.

Looks like PC World in UK are sticking with the Tab and still selling it through stores and the web site. And that goes for future 3G releases too.

May be hope for the non-iPAD tablet yet.

Go Samsung!

posted by : Jaycee068, 10 August 2011 Complain about this comment
Apple Doesn't Invent

My name is on a patent, and I happen to know that it is just lawyer double-talk with no basis in technology. In fact, none of us on the technical team were even consulted for the patent application. The whole system is completely bogus, and Apple exploits this.

posted by : randygrenier, 10 August 2011 Complain about this comment
@"William Tutty": Apple didn't invent the tablet form.

But I'd bet you think Apple invented everything since the transistor. This is an utterly trivial objection to superficial resemblance; Apple's real intent is to unethically hamper a competitor when they can't compete on anything the rabid fanboy factor. Rest of us, who can't stand Apple, welcome Samsung and ANYBODY BUT APPLE in this field.

Also, "design" is the EASY part: it's manufacturing that's difficult. Just try making anything yourself, not passing the details off to someone. You probably can't nail two boards together.

posted by : snarky rejoinder, 10 August 2011 Complain about this comment
before and after iPad

found this over at macrumors: http://forums.macrumors.com/showpost.php?p=13151567&postcount=86

posted by : hexx, 10 August 2011 Complain about this comment
Your days are numbered apple

I wonder if we will see Vauxhall taking legal action against Ford because their cars also have 4 wheels.
If Mr Jobs is so confident that his product is the best then why is he so bothered.
Oh thats because they are not the best , get a grip and concentrate on making products that actually work for more than 2 months.

posted by : Hodgy, 10 August 2011 Complain about this comment
Pork pies.

I like my pork pies so much I've secretly banned all steak and kidney ones.

Will my lovely pork pies are heading to the sky?

posted by : Alan Denman, 10 August 2011 Complain about this comment
Somebody needs To Stop Crapple NOW!!!

Somebody needs To Stop Crapple NOW!!! You realize that millions of iSlaves just stood up to give a resounding round of applause to their god Steve Jobs because he took a shiny dump on a pedestal and called it iTurd. It will probably sell out in minutes, nobody knows why but here comes iTurd....

posted by : Wax841, 10 August 2011 Complain about this comment
@ DrMike

my comments, seem, to be deleted.

i didn't say that apple sues google. i said "there are reasons why google and android manufacturers are being sued from left and right", few examples: ms, oracle, skyhook

posted by : hexx, 10 August 2011 Complain about this comment
German IP Courts Unable to Impose Injunction

Intellectual Property is not regulated by the European Union, the only harmonisation method so far utilised is the creation of the EPO to allow EU patent registration.

The German courts cannot impose an injunction that binds the entirety of Europe, they do not have the jurisdiction to do so. The German decision may be taken into consideration by other national courts, but there is absolutely no binding decision across the entire EU. No such decision is possible. Samsung will begin selling the devices in other EU countries after seeking legal advice.

Germany is notoriously the fastest method of resolving IP issues (the second fastest being the UK's IPC) which is why German IP courts are popular choices for IP disputes. However, unless Samsung manufacture or import and then export the Tab from Germany, there will be little impact upon their distribution of the product.

Inaccurate article that may have been lost in translation.

German Patent Attorney

posted by : RĂ¼diger, 10 August 2011 Complain about this comment
Apple oh Apple

Apple is very big at the moment and should be very careful. Samsung supply components, including the screen for iPhone 4 and if I was any company wanting to do business with Apple i would be careful.

Apple may own a bunch of patents but they NEED other companies to produce and help manufacture their overpriced rubbish. Apple ARE scared by the sales of other devices, as Galaxy tab 10.1 outsold iPad 2 in just one day where it took iPad 2 two days to sell the same amount.

Make no mistake, Apple are trying for a monopoly and will fail....eventually.

Apple fanboys have already commented so I'll just correct them on a couple of points:

@hexx Google are NOT being sued by Apple for if they were you can guarantee the iDiot phone would not be able to connect to the internet/maps etc Apple would have to go with Bing follow your own advice and do some research

@William Tutty Apple is NOT original by name nor is their logo. These were STOLEN from The Beatles and this was PROVED in court so, Apple band wagon? At least Samsung has an original name and logo.

When Jobs dies so will Apple and that's not long due.

posted by : DrMike, 10 August 2011 Complain about this comment
What are Apple complaining about

So the samsung and ipad look similar and use a similar interface... take a look at your tv, microwave etc, there are only so many ways of doing things so different companies are going to produce similar stuff. All this lawyer stuff is getting way out of control

posted by : Paul, 10 August 2011 Complain about this comment
Why Hate On Google

I love companies like apple. Why do they hate Samsung? Oh i know why its because Google has a better OS and Samsung knows this so they support it. Go Samsung keep fighting the haters. I will laugh when the hackers destroy apple. since apple is trying to take the right of people to have a better OS than that crap without flash player. I like both comments SAD APPLE AND ANY THING BUT APPLE. They both hit the nail on the head. no body wants a think 10 inch tablet so how else can you make it differences? Get real apple and get over your self. Or i should say jobs gates made u mad. Google and Samsung simply made a better product so go back to hating bill gates and leave other people out of it.

posted by : drome, 10 August 2011 Complain about this comment
Get real, it is just a money hunt

There aren't that many ways to make an 10" tablet
Just like there aren't that many ways to make a 32" TV they all look alike.

posted by : kedas, 10 August 2011 Complain about this comment
sad apple

This is all because apple are scared and losing the battle with Google Android and they was they are fighting with court cases I am happy I am 100% android fan and will never have anything from apple

posted by : dwaine, 10 August 2011 Complain about this comment
anything but apple

To hell with apple.I just hope the windows phones are good enough to kick their behinds and then we will see if they will run away screaming for mommy!

posted by : 3sco, 10 August 2011 Complain about this comment
Design is the Talent

Samsung are now finding that manufacture of products is not the only part of making a product successful. For years the technological inspiration has come from many western countries and been used to make many far east countries a lot of money. This is not the only industry finding this to be the case and it now takes a large and successful company such as Apple with the financial backing to put these matter right. good on Apple and go and design your own amazing products Samsung , so in short get of the Apple Band Wagon and try doing it yourself, it's theft in any language, At least it is in English!

posted by : William Tutty, 10 August 2011 Complain about this comment
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