Samsung Galaxy Tab 10.1 blocked from sale in the European Union, except for the Netherlands (Updated with Samsung response)

Apple iPad 2 and Samsung Galaxy Tab 10.1

The Apple iPad 2 and Samsung Galaxy Tab 10.1 tablets.

Apple has succeeded in blocking the sale of the Samsung Galaxy Tab 10.1 in the European Union, save for the Netherlands, thanks to a preliminary injunction granted by German courts. In the European Union any injunction granted in one country (Germany) affects all of the other 27 countries associated with the Union, except for the Netherlands.

In a report by German news agency Deutsche Presse-Agentur the following is report,

“Apple alleged that the Galaxy Tab imitates the iPad and infringes on various intellectual property rights owned by Apple. Apple asked the Landgericht (district court) of Düsseldorf, Germany, to order an injunction under which Samsung is threatened with fines of up to EUR 250,000 (US$ 350,000) for each violation or imprisonment of Samsung’s management in the event of continued infringement. Those are standard sanctions under German tort law for contempt of a preliminary injunction.”

The Samsung Galaxy Tab 10.1 is already blocked from sale in Australia, but not through a court injunction Apple and Samsung made their own arrangement for Australia.

Apple has really been going after Samsung in 2011 in the court room, Apple has been claiming that Samsung is violating on their intellectual property with multiple products (phones and tablets). No final judgments have been reached in any of the IP law suits filed by Apple against Samsung.

More coverage on this new legal spat is available on FOSS Patents 

Update: Samsung responds to the injunction –

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.

Leave a Comment