Samsung has officially responded to the injunction preventing it from selling the Galaxy Tab 10.1 anywhere in Europe – except the Netherlands – with incredulity, claiming that it was unaware that a hearing was being conducted.
The Regional Court of Düsseldorf announced its decision in the case yesterday, agreeing with Apple’s demand for a temporary injunction while it wrestles with whether the Galaxy Tab 10.1 Android tablet by Samsung is infringing on Apple’s intellectual property invested in the iOS iPad tablet.
Apple’s claims that the Galaxy Tab 10.1 is a direct rip-off of its iPad devices – claims which extend to the Galaxy line of smartphones, which Apple claim are little more than an iPhone clone running Android – appear to be getting some major traction with courts across with world, with Europe being the second major market to ban the devices after Australian authorities imposed a similar injunction.
Samsung’s director of public relations, Kim Titus, has issued a statement on behalf of the company expressing exasperation at the ruling and insisting that Samsung wasn’t given the chance to defend itself against Apple’s claims.
“Samsung is disappointed with the court’s decision,” Titus claimed, “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,” Titus concluded, indicating – as if the matter were in doubt – that Samsung plans to continue its legal wrangling with Apple until the bitter end.
Apple’s argument centres around Community Design 000181607-0001, a registration which was granted to Apple in February last year and which describes a hand-held computer with such vague diagrams that it could apply to any tablet on the market today – including ones which pre-date Apple’s iPad.
Should Apple gain victory over Samsung, it would be unlikely to stop there: any company which has created tablets for sale in Europe will be watching the courts in Düsseldorf very closely over the coming weeks.Leave a comment on this article