Friday, 19 August 2011

Apple's Netherlands filing could block all Samsung Galaxy devices in the E.U.

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Although Samsung won a slight reprieve in its legal battle against Apple in the E.U., when it was decided that a preliminary injunction against sales of the Samsung Galaxy Tab 10.1 could only apply to Germany, Apple has much bigger aspirations in its separate filing in The Netherlands. That filing against Samsung in The Hague district court isn't just about the Galaxy Tab 10.1 Android tablet, but instead seeks a complete ban on all Galaxy series tablets AND smartphones, including a recall of unsold stock from European resellers and distributors.

Apple's complaint, was seen by Webwereld, which also was among the first to report when the German preliminary injunction became limited. Apple reportedly seeks an injunction for the entire Galaxy series, including the following smartphones: Galaxy Ace, Galaxy S and Galaxy SII. It also seeks an injunction against the Galaxy Tab 7 and Galaxy Tab 10.1 tablets. Other devices dubbed Galaxy, such as the Gio, Nexus, 551, Europa, Apollo and Mini are also listed in the complaint, but only in a footnote. That footnote says "It is expected that these devices are also covered by one or more of the patent rights invoked."

This lawsuit is more comprehensive because in addition to claiming that Samsung copied the iPad's physical design, as was claimed in the German filing, it also alleges that Samsung infringes on three of Apple's European functional patents, including one its "swipe to unlock" functionality, one for "mobile photo management," and one for "interpreting touch events."

Get 5% off all Laptop Batteries.Canalyst principal analyst Alastair Edwards said "If this injunction is granted it could have 'significant implications' for the European market for smartphones and tablet. This is a very big threat to Samsung, because basically their whole European supply chain will be broken This could mean it's almost game over for Samsung in Europe."

Samsung in the last year has rapidly overtaken Apple in shipments in the smartphone market in Europe, Middle East and Africa, and is currently closing in on market leader Nokia.

The court will rule on a possible preliminary injunction on September 15. Last week, another hearing, Judge Edger Brinkman said that if he granted an injunction, it would not take effect prior to October 13.

Source: http://www.zimbio.com/New+Mobile+Phones/articles/Tq6zloeXopD/Apple+Netherlands+filing+block+Samsung+Galaxy

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