Apple vs. Samsung
Designed by Apple
Apple wins preliminary injunction against Samsung
The smart phone and tablet-computer market is a highly competitive market. In particular the leading competitors Samsung and Apple are involved in a number of patent and design patent infringement lawsuits. Now Samsung lost the next round in this never ending conflict with Apple. The German Regional Court Dusseldorf just approved Apples request for interlocutory to stop the import and sales of Samsungs tablet-computer Galaxy Tab 10.1 http://www.lg-duesseldorf.nrw.de/presse/pressemitteilungen_ab_2009/13-11.pdf.
This time the legal dispute was based upon Apples industrial design patent for its iPad from 2004. Apples petition for preliminary injunction was directed against Samsung Electronics GmbH, Germany, as well as the South Korean parent Samsung Electronics Co., Ltd. According to the findings of the Court the design of Samsungs tablet-computer was infringing Apples design patent. The judges came to the conclusion that the designs of other competing tablet-computers prove that there are other possible designs for tablet-computers which do not infringe with Apples design patent. The judges also did not agree with Samsungs reference of earlier publications of its tablet-computers, as it was not obvious that the pictures showed the final version for the German market.
Currently it is not absolutely clear how Samsung is going to deal with Dusseldorfs decision. The EU- wide ban on import and sales only applies to Samsung Germany. The parent company may still import and sell the tablet-computers in the EU, except for Germany. The decision also does not imply any duty for recall. Therefore it seems as if tablet-computers which are already on the German market may still be sold.
Samsung may appeal the decision. There is an individual action pending in The Netherlands, a decision is expected on September 14, 2011.