The Apple vs Samsung battle seems to be getting interesting, more so after the former already having tasted success against HTC on a similar patent suit. After successfully imposing a clampdown on the sale of the Galaxy Tab 10.1 in Australia, Apple has been able to do the same in Europe as well. A German court has ruled that Samsung would have to withdraw its Galaxy Tab 10.1 from sale in Europe and that includes the UK as well. This tablet had been introduced by Samsung just days before.
The Telegraph however reports: “The Regional Court of Dusseldorf has granted Apple a preliminary injunction against the sale and marketing of the Samsung Galaxy Tab 10.1 across all of Europe except the Netherlands. It is possible to apply for a pan-European injunction in any country which, if upheld, covers the entire EU. The judge backed Apple’s claim that Samsung’s tablet infringed on its patents and copied elements of the iPad 2.”
The 10 inch Android Honeycomb tablet from Samsung was supposed to be their flagship device and was also to be the response to the iPad from Apple. The ruling therefore would have wide spread ramifications for Samsung.
According to Florian Mueller, who is an award-winning intellectual property activist-turned-analyst, this ruling would also affect Samsung’s trading in Britain and Northern Ireland.
Samsung has been claiming their designs to be original and this has been contested by Apple, with both having gone to several courts across the world with their individual interpretations.
Samsung’ official response to the latest legal imbroglio as spelt out by Director of Public Relations Kim Titus:
“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.
“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.
“We will take all necessary measures to ensure Samsung’s innovative mobile communications devices are available to customers in Europe and around the world.
“This decision by the court in Germany in no way influences other legal proceedings filed with the courts in Europe and elsewhere.”
Interestingly, the Galaxy Tab 10.1 continues to be available in the US, in Apple’s own home country.