After a German court denied Samsung’s request for a preliminary hearing and honored Apple’s request for an injunction, banning sales of the Galaxy Tab 10.1 in many parts of Europe, a date has been set for the legal dispute to be settled. On August 25th Samsung will have its day in court and argue their case in hopes of having the ban lifted. A final decision on whether or not sales of the tablet will resume won’t come until a few weeks after the hearing. And so the battle rages on…
*Sales* of the Galaxy Tab are *not* banned in Europe. Only the *import* of these devices is banned. Merchants have no restriction whatsoever to sell their stock, and as long as there is no ruling in the case pending in The Netherlands, they’re even free to import these devices via The Netherlands. (Import is still allowed in The Netherlands, and Europe is a free-trade zone, so buying stock in The Netherlands isn’t considered importing)
If I were Samsung, I would ship every single device I had in stock to The Netherlands *now*, and avoid all issues altogether :)
I wouldn’t do any kind of weird importing to the Netherlands. I would wait, win the case (which is a slam dunk) and then make Apple pay for damages (which will be large). Make them wish they never filed the injunction.
Slam dunk you think huh? I’m sure hoping. Oh man that would be hilarious… beat apple at their own game. So you basically think they accepted the terms intentionally so they could stick it back to apple twice as hard….with no lube?
Anyone else get the feeling that Apple paid off the German courts? How can the courts impose a ban without Samsung being able to represent their defence. Smell’s fishy to me which is very common with all things concerning Apple.
That’s absurd…it’s done just like it is in the USA….political contributions and PAC money gets you what you need. And it’s hard to compete with the fat wallets of a company like Apple….even for a company the size of Sammy
Samsung are bigger than Apple…
I hope not. But you’re right; something seems off. They should have had a hearing before the injunction was granted even if it was just for the pretense of being fair.
Unfortunately is not only the Germans couts that are been paid off but USA courts too, apple like at&t have money to burn.
Sorry to say Samsung is misrepresenting the facts here. They did infact represent themselves, but lost the initial ruling. From the court papers:
“Bei der Entscheidung lag der Kammer weiterhin eine Schutzschrift der Verfügungsbeklagten vom 29.07.2011 vor, in der diese im Wesentlichen vorgetragen haben, dem Antrag der Firma Apple Inc. fehle es an der für eine einstweilige Verfügung erforderlichen Dringlichkeit”
It basically said Samsung presented their arguments, and the court still found that at this point they are siding with Apple and then evoke the import ban.
Seems as though Sammy was not being completely truthful in this matter. There are stories out today that they filed a briefing a week before the injunction was handed down. The court just denied their claims.
If I had the money I would buy 2 just to flick the V’s at crapple.
Love it…never heard the term flick the V. but I know what it means. Lol!!!
Think of the commercials Sammy can run after they win this, “the tablet Apple is scared of…”
This law suit is simply insane. Perhaps the judges need to look at this from another angle. If someone wants a tablet they want to to be thin,light and portable. Do you expect the rest of the world to make their tablets round and thick so as to not look like the ipad? Rectangular tablet pcs existed before the ipad. The same thing goes for the iphone design. while we are at it how about desktops and laptops? Should other companies not be able to make any computers boxshaped or laptops rectangular and thin?
UPDATE 17:13 Samsung may launch the Tab in the coming weeks
Samsung and Apple both agreed not to enforce a ban on selling each other’s products.
Both companies sent a message to the media they indicate to wait the decision in the lawsuit.
The court will rule the verdict on September 15th.
If a marketing ban gets enacted, it will be active first from October 13th.
Samsung may by agreement simply launch the Galaxy Tab 10.1 in the Netherlands altough Samsung won’t officially confirm yet.
What I would do is show this:
From an Engadget post. Gotta love the Engadget comment section..lol
Just like with the F700 and the big home button….prior art has to come into play at some point, right? Part of Apple’s suit is for hardware design….looks like Samsung should be suing Apple….
That sure does pre date the ipad!. The real kicker is that it is a black shiny flat rectangle with an lcd screen. This proves that apple copied Samsung LOLz