Apple files new suit against Samsung in the Netherlands; Seeks inclusive injunction against all Galaxy tablets, smartphones, and more

Thu, Aug 18, 2011

Legal, News

Apple isn’t pulling any punches in its litigation with Samsung.

Last week, a German Court granted Apple an injunction preventing sales of Samsung’s Galaxy Tab 10.1 device in Germany and all other EU countries except for the Netherlands. A few days later, the injunction was scaled back and made applicable only in Germany as it remained questionable whether or not the German Court’s jurisdiction over the Korean-based company extended beyond German borders. So while Samsung gets a temporary reprieve from the injunction, a final hearing on the matter is scheduled to take place on August 25th and the injunction may be put back into effect.

Unfortunately for Samsung, the August 25th hearing may be the least of their worries.

Apple recently filed a new complaint against Samsung in the Netherlands that seeks to ban the import of all Samsung Galaxy smartphones and tablets. Not only that, but Apple’s complaint seeks to prevent allegedly infringing Samsung products already in the channel from being sold to consumers. And going one step further, Apple wants Samsung to reimburse distributors and retailers for costs incurred in shipping said products back to Korea.

Driving the point home, Apple also wants Samsung to inform resellers that if they continue to store, offer or sell any Galaxy smartphones or tablets that they are infringing upon Apple’s intellectual property rights.

Apple’s latest suit against Samsung is undeniably far more encompassing than any of Apple’s previous actions in Europe. Whereas Apple’s previous legal filings in Europe have focused on design aesthetics, their most recent complaint includes alleged patent infringement violations as well.

But wait, there’s more!

Apple’s lawsuit also includes non-Galaxy branded Samsung devices such as the Google-branded Nexus S and the Samsung Gio.

Apple is clearly going all-in here and is throwing all of its legal weight behind its efforts to get Samsung to, you know, come up with something original.

ComputerWorld, who first broke the story, adds:

“If this injunction is granted it could have ‘significant implications’ for the European market for smartphones and tablet, said Canalys’ Edwards. “This is a very big threat to Samsung, because basically their whole European supply chain will be broken,” he said.

Edwards believes a possible injunction could have an enormous impact on the market. “This could mean it’s almost game over for Samsung in Europe,” he said, noting that 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.

A ruling on Apple’s motion will be heard at The Hague on September 15. Judge Edger Brinkman has previously stated that even if an injunction is in order, one would not go into effect before October 13.

Apple first sued Samsung in the US this past April in a case that’s still on-going. We’ll have an update on that particular proceeding tomorrow.


, ,

Comments are closed.

eXTReMe Tracker