Apple wins EU-wide Samsung Galaxy Tab 7.7 ban
Not ALL German courts are loving Cupertino though...
A German court sided with Apple today and agreed that Samsung's Galaxy Tab 7.7 infringes iPad design patents, granting Cupertino permission to push for a European Union-wide ban.
The same court threw out Apple's claims against the Galaxy Tab 10.1N, though. Cupertino had previously tried to squash the 10.1N in the Munich Regional Court. The 10.1N was itself a tweaked version pushed out by Samsung to avoid a previous ban on the 10.1, which remains outlawed Stateside after several appeals. But the Dusseldorf judge wasn't having any of it either.
However, the Dusseldorf judge did rule in favour of Apple on its claims that Samsung's 7.7in fondleslab infringed on Apple's patents.
Samsung was understandably disappointed at the judgment and said: "We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple's claims to ensure our products remain available to consumers throughout the European Union."
Only last week Apple was ordered by a UK patents judge to run ads in UK papers to say Samsung didn't copy the iPad. Now Samsung's 7in tablet could be banned in Germany because the company did copy it?
Weather in Germany isn't so sunny now
Unfortunately for the Korean firm, the European support for the 10.1N is fairly irrelevant now, as it has already revealed a successor - the Samsung Galaxy Tab 2 10.1 - so positive impact is likely to be minimal.
Apple's patent was awarded last year, but Samsung maintains the technology the patent seeks to protect was in use long before Apple filled in the application form. Indeed, last month it remarked "should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted". ®
Re: This has to stop.
I think he means that Samsung are attempting to sue Apple over FRAND patents. Which, ordinarily is frowned upon, quite rightly. However, what he fails to understand is this possibility...
Samsung enters patent 123 into a FRAND agreement, with a charge of 10p per use
LG enters patent 456 into a FRAND agreement, with a charge of 10p per use
Motorola enters patent 789 into a FRAND agreement, with a charge of 10p per use
Samsung, LG and Motorola, to avoid having to send invoices and payments to each say, OK, 10p per phone, call it quits.
Apple come along and have no such useful patents, and spit their dummies out over paying 30p per phone. "It's not fair, we're Apple, we want it for nothing" and refuse to pay.
If that happens, is it really unreasonable for Samsung to sue?
Meanwhile, Apple sue on the basis of black rectangles with rounded corners and moving a finger from left to right.
Has anyone SEEN this "design" patent? It's for a thin, rectangular computer with a touch screen, one connector, and one button/hole on the top. This is so absolutely generic and common sense as to be laughable. Kellogg needs to try and patent a cardboard box with flaps and food stored inside and then sue everyone.
From what I see...
The Samsung has a back camera. Not mentioned in the "design" patent.
No size was mentioned in the patent.
Three buttons and two slots on the Samsung, not to mention the speaker grille, light sensors and front camera.
No colours were specified.
And the Samsung has writing on it that strangely enough, DOESN'T say Apple...
Apple is deathly afraid of losing market share and those HUGH profit margins from all the slave labour they outsource to Foxconn. They haven't done anything original since the first iMac. They simply take an existing product, go and bedazzle it a bit, then tell everyone they invented it and they have to buy it or be laughed at for being "uncool" at Starbucks.
Headline: "Apple wins EU-wide Samsung Galaxy Tab 7.7 ban"
First line of article: "A German court sided with Apple today and agreed that Samsung's Galaxy Tab 7.7 infringes iPad design patents, granting Cupertino permission to push for a European Union-wide ban."
So which one is it?
So they haven't got a ban, just permission to attempt to obtain one. During the time between now and then there will be appeals, counter appeals etc etc.
Re: This has to stop.
@Chris 19: considering that Samsumg (and google/motorola!) are doing *far* worse things than apple right now
Re: This has to stop.
How many companies are Apple suing again?
And, quite frankly, given Apple's behaviour, I'm open for ANY SOLUTION that puts that company out of business. Permanently.