We need your help now
Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
By continuing, you are indicating that you accept our Terms of Service and Privacy Policy.
A GERMAN COURT has granted Apple an injunction which bans the import sale of Samsung’s Galaxy tablet in 26 EU countries, including Ireland.
The junction, handed down by a court in Dusseldorf on Tuesday, applies to every EU member state but the Netherlands – and underlines Apple’s own status as the world’s leading tablet supplier, according to the Financial Times.
Apple managed to successfully persuade the court that the design, size, user interface and packaging of the Galaxy 10.1 tablet – which runs on a version of Google’s open-source Android operating system – mimick that of its own iPad.
Stores within the EU are permitted to continue selling their stocks of the device, but the ruling means they cannot import any further supplies.
The Guardian reported that a similar injunction in Australia resulted in a delay to the launch of the Galaxy 10.1 there. Samsung has counter-sued, with similar patent complaints, in the US, Japan and its native South Korea.
The Dusseldorf injunction was granted ex parte, meaning Samsung was not present to argue its case. Samsung has vowed to appeal the injunction, granted after an application by Apple last week.
“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,” it said.
The Times of India reports that Apple has filed an identical complaint against Motorola’s Xoom tablet, but it was not clear whether an injunction had been sought in that example.
To embed this post, copy the code below on your site
My oh my! Apple showing it’s jagged teeth under its easy going image. Anyone else feel they are making Samsung look like the underdog? Apple should be cognizant of this. Everyone loves the underdog.
I thought the same thing myself and if I ever buy a tablet it won’t be an Ipad.
No, sorry, samsung should be held responsible for there actions, they’ve blatantly copied apples products. It’s actually amazing how blatant it is!
@Gordon: How have they copied Apples products? The OS looks totally different, all they share are their open-source based tools (webkit, *nix etc) and a touch interface. As for physical appearance, you do realise Apple didn’t invent the tablet PC right?
By that logic only one company has the right to produce flat screen televisions or four wheeled cars.
It appears Gordan is making a typical Apple Fan uninformed comment… As with most things apple theyve ripped the technology from elsewhere rehashed it into a cleaner looking ‘sexy interface’ and sell it as their own.
The non support of Flash is enough to make me look elsewhere for a Tablet, coupled with the fact that they ignore standardised accepted interfaces usb as an example.
James Comerford – “As with most things apple theyve ripped the technology from elsewhere rehashed it into a cleaner looking ‘sexy interface’ and sell it as their own.”
You’ve actually summed up pretty much every consumer-focused industry and corporation in existence, not just Apple.
That said I find the whole arena of patent lawsuits depressing. I like Apple but going after every black tablet out there just smacks of them pushing their weight around unfairly. It’s even more absurd when you consider the fact that Samsung are huge component suppliers to Apple, and actually provide components for the iPad.
Judging by Gordon Bernard’s comment, he actually knows NOTHING about Samsungs actual product.
Do your research Gordon before making silly rushed commends.
A hate apple so much for this shite.
what happened to competition and open market I prefer android to apple any day and would never buy a ipad or iphone. i’m sure there is a website in holland that can delivery to the rest of europe.
why not holland?
A more pertinent question would be why does a court in Germany have the right to interfere with Irish trade?
I’m guessing that the Netherlands is excluded as Apple and Samsung are having a very similar case heard in the Dutch courts at the moment.
From the sound of that article, Samsung are fighting hard to get Apple’s case thrown out on the twin arguments that there exists prior art, and that some of the patents are so broad as to be practically unenforceable.
anyone know why holland get to sell the samsung? i wont get any sleep tonight thinking about it.
Because the European Union is a common market, perhaps?
Common Market? The Netherlands are part of the EU….
Why Germany?
…because Germany is the easiest one to get this rival stopped.
From Techradar.com: Fairly or unfairly, German courts have a reputation for liking intellectual property owners a lot more than they like intellectual property infringers. If Apple was aware of that, then it might try something like suing Samsung in Germany to get an EU-wide ban with the minimum of fuss. – http://tinyurl.com/3z7muys
…And Apple now are going after a second – possibly a third, to stop another rival trying to oppose them.
Once again we see the thugs running Apple bullying out any opposition.
I wouldn’t buy an Apple product to save my life. They are a disgusting company.
I’m not an Apple hater actually, and ad hominem attacks don’t lend any weight to an argument either. I have a MacBook Pro, an iPod Touch and a Samsung Galaxy S2, so I’m probably about as balanced as you can get in this debate. It really worries me that Apple are using their legal might to distort the mobile devices market through various vexatious lawsuits and injunctions. Given that they were briefly the world’s most valuable company by market cap this week, it’s an extremely concerning trend, and makes me worry if we’re about to enter another client monoculture nightmare like the one we endured in the mid-90s with Microsoft Windows.
Can anyone say +1 …….
Likewise… I know this might be a dangerous thing to say but I’d prefer if we had such a monoculture with Google, not Apple. They just seem, well, a bit evil with all their antics of late. But hey, if we can prevent Apple spoling the party and using the patent laws for distorting competition, we might be able to keep up this rapid innovation a bit longer.
Worrying trend? Surely lawyers would never let intellectual property rights go out of fashion! This is only making the news because people are extremely familiar with these brands, that’s all.
@Brian, so you would prefer that a company that has bullied, bought or stolen from it’s competition from day one, has several anti-trust, privacy and patent lawsuits against it, and has more information about you than your parents and wife/partner combined had a monopoly on the market?
Don’t get me wrong, neither company should have a monopoly, and Apple certainly has some undesirable behaviour of late. But to suggest that Google is some kind of innocent Golden Boy is misguided. People often talk of the Apple “Distortion Field”, but Google have managed to do an incredible job of hiding their less desirable traits.
Apple throwing its toys out of the pram by getting this court ruleing.Samsung tablets and smart phones were catching up apple and apple had to do something quick to stop this.Android is far better then useing apples software.
I’m not surprised that Apple tried to get an injunction, given that they’re more keen on litigation than actually competing with their rivals. I am surprised however that the injunction was granted, especially considering the Galaxy Tab provides a cheaper, more functional alternative to the iPad without the Apple Tax slapped on top.
Let’s hope Google sue the arse off Apple for all the features they robbed from Android in their upcoming iOS 5.0 release. Samsung also have a lot of leverage in that they supply the memory chips and CPUs in the iPad and iPod touch. They could just “delay” the production of some CPUs and dry up Apple’s supply chain in days.
What features did Apple rob from the Android interface?
@Nigel: The new notifications in iOS5
I’ve got a tune in my head, but the lyrics have changed “Highway to the anti-trust zone”.
This is why I have and never will buy any Apple products.
If you never bought products from companies that sued other companies for copying or patent infringement you’d have a very empty house.
@Christopher
Yeah but they’re really taking the piss here, Samsung and Google are getting bullied by Apple and Microsoft using the patent laws. Thought the intended use for these laws was to protect intellectual property and encourage innovation, not stifle both innovation and competition.
The notifications centre at the top of the screen to mitigate intrusive modal notifications, which is a direct copy of the notification bar in Android. Over the air updates, proper cloud synchronisation and proper image sharing so you can distribute a photo using more than just email. Forget even about Android though, Apple robs ideas off it’s own developer community by rejecting original app ideas on some spurious grounds and incorporating the ideas into it’s own software.
Have you seen the original android concepts? They were rip offs of a blackberry style OS and were designed for similar devices. After the iphone came out it suddenly underwent a transformation and changed focus to be a touch screen based OS with a huge focus on apps. To say one copied the other at this stage is just ridiculous. They have blatantly raped each others ideas since day 1. But one thing is guaranteed, Apple revolutionized both the smartphone and tablet markets and neither would be where they are now otherwise.
I don’t know what it is about software but tings like that never appear in lawsuits from some reason. Like Windows 7 had some many OSX features it was staggering yet Apple didn’t do anything about it. .Besides that though, OSX has a notifications bar for updates, over the air updates and multiple ways to share images and has had them for some time.Would you then say that these features were stolen by Android? At the end of the day, it is not ideal that a competitive product has been banned from sale but Apple have the right to protect their products which are legally protected by international patents.
Why are people so tribal, surely the question is really about patents, and the validity of infringement or not, not who is doing what to who.
Microsoft would be proud of that result!
This is a joke, as Samsung said in court in the Netherlands if the EU was to place an injunction on Samsung Galaxy Tab 10.1′s because of their likeness to iPads why then not place an injunction on all digital photo frames. Very bored by Apple anyway, not being able to get Samsung products isn’t going to make me buy Apple products.
The usual apple haters, see an apple story and jump in with digs, pathetic. As I’ve said before, I think this a one phenomenon.
Totally WRONG – they are already setting out to stop a second, possibly a third.
Dear god – will some folk bother to learn some actual facts instead of going off half cocked!
Not only that but they are possibly going after a third.
…And As for price fixing by Apple which is now being investigated… http://tinyurl.com/3gcxvxf
Going after Google too: http://www.reuters.com/article/2011/08/11/us-apple-idUSTRE77A6IN20110811
So much for just a once thing!
Apple – a bunch of thugs!
Unbelievably anti-competitive move by Apple. Hopefully, it will be overturned quickly. I’ve only started using Apple products recently and there are far from what they are cracked up to be. Form over substance. Will Apple look to ban all types of lap tops because they happen to make them?
disgraceful that a German court can tell us what we can/cant import. As for Apple im sick of them im switching to a BlackBerry when my contract is up. Im sick of how they try to take over the whole market by bully boy tactics and charge people a fortune for their products.
Wow.
Are you finished with that pint?Jases im parched.
Its all about PR for apple.Im the best company in the world and im going to crush samsung.
Apple use samsung components, why on earth would they be pulling this stunt when they know it will be overturned and lead to counter sue after counter sue….where does it end?
From Techradar: If the courts ultimately decide that Apple was wrong and that Samsung hasn’t infringed anything, Apple will be liable for damages – but by then the damage will be done.
As Reuters reports, Europe is a great place for firms to take on Apple’s iPad due to the relatively small presence of Apple retail outlets (52 in Europe compared to 258 in the US) – although Apple’s sheer size and deals with suppliers gives it economies of scale that most rivals can only dream of. Competing against that is tough enough, but competing when you’re not allowed to sell any kit is, of course, impossible.
This is just Apple unfairly pushing it’s weight around. If I ran Samsung i’d start halting supply of components to Apple. Then let’s see Apple deal with an overnight supply cut of vital components, their iPad production would stop for week as they scrambled to find alternative sources (or ramp up second sources)
The whole patents things is silly, all the top brands in mobile & tablet have copied each other and are infringing on each others patents, these rows just go around in circles.
Yeah man, f*ck Apple! Thy’re like the only ones that would ever dare sue another company for stealing their ideas!!!
Oh, wait!
http://www.mobilemarketingwatch.com/infographic-whos-suing-who-in-mobile-10120/
O’ wait… they are suing to stop other rivals getting out there.
…Unlike the other cases where software/hardware is actually being used.
If you can’t see a difference, don’ tpost.
I kind of lost my temper about this… I . DOUBT . IT – Thou Shalt Not Have Strange Tablets Before Me.
Im gonna visit ireland again this winter. But will i have to see the people using only ipad? Thats a pity.. Cuz i was proud of samsung products as korean when i saw some samung user in dublin.
Mmmmh but im using iphone to post this.. Thats ridiculous haha..
See a kid in China sold his kidney for an IPad. Wonder what the going rate for a Samsung Galaxy is? A liver , a pancreas?
Easiest way to spot a geek…
As him (always a him) what he thinks of Apple (os Microsoft) and watch the unwashed hair on his neck bristle…..:-)
Paddy, Michael & James, tell that to the courts! No point shiting to me. Anyway, roll on the iPhone 5 and ios5! î
have your say