A German court recently granted Apple an injunction that effectively bars Samsung from selling its Galaxy Tab 10.1 device throughout all of Europe
Not one to let braze misappropriation of its intellectual property continue unabated, Apple’s legal wranglings with Samsung extend far beyond the US and reach all corners of the globe.
Most recently, Apple filed a motion with a court in Germany seeking an injunction to prevent the sale of Samsung’s Galaxy Tab 10.1 and earlier this week it was granted. But in a huge blow for Samsung, the injunction isn’t just in-play in Germany. Rather, it actually precludes Samsung from selling their Galaxy Tab 10.1 throughout the entire EU – except for the Netherlands where Apple is currently seeking a similar ruling.
The injunction goes into effect immediately though retailers will likely continue selling Samsung tablets they already have in stock. Going forward, though, Samsung is barred from importing or shipping any new Galaxy Tab 10.1 devices to retailers and distributors. Should Samsung fail to comply, they’ll be fined upwards of $350,000 for each violation.
So while Samsung sales, at least in the smartphone arena, continue to impress, the Korean-based company’s legal prospects aren’t looking too rosy. The EU wide injunction follows a similar ruling handed down by a court in Australia and Apple is currently working hard to get a similar injunction here in the US.
Following the ruling from the German court, Samsung issued a press release stating:
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.
While Samsung likes to act as if it was completely caught off guard, the reality is that Samsung filed a protective pleading with the German court in opposition to Apple’s motion.
