Tag Archives: germany

Judge blocks Samsung Galaxy Tab 10.1 sales in Australia at Apple’s request

Claiming Samsung copied the iPad’s design, Apple has successfully achieved their mission in getting an Australian judge to block Samsung’s Galaxy Tab 10.1 from being sold in Australia, reports Sydney Morning Herald. Apple says that Samsung is infringing on two patents, and the judge ruled until changes are made the Galaxy Tab 10.1 can’t be sold from this point on.

Apple and Samsung have current litigation continuing over in Europe and the United States. Apple has already successfully blocked the Galaxy Tab 10.1 in Germany and hopes to do so elsewhere.

Samsung won’t start addressing the core patent issue (screen patent) with the Galaxy Tab 10.1 quite yet. They want to prepare a proper defense against Apple. Interestingly, Samsung has setup a temporary store across from a Sydney Apple Store selling Samsung Galaxy S IIs for $2, to detract from the upcoming iPhone 4S launch Friday. The fight continues…

Cross-posted from 9to5google.com.

via Reuters, WSJ

Vodafone Germany Lists iPhone 4S in 16GB, 32GB & 64GB Capacities on its Website

Apple’s upcoming ‘iPhone 4S‘ seems to have appeared all over the place over the past few days. Firstly the Cupertino company itself leaked the device within an iTunes beta, then Cincinnati Bell listed it — along with the iPhone 5 — on its website. Vodafone Germany is the latest to claim its share of the free publicity, listing the device on its website with 16GB, 32GB and 64GB of storage.

Within a number of its pages for iPhone accessories, Vodafone.de has listed the “iPhone 4S” in both black and white, with three different storage capacities. Of course, the iPhone 4 is already available in 16GB and 32GB capacities, but the iPhone 4S could be the first to get 64GB of internal storage, according to the Vodafone website.

But that’s not all Vodafone leaks. There’s also mention of an 8GB iPhone 4, which strengthens a number of rumors that claim Apple will launch a cheaper model of its existing fourth-generation iPhone.

The new iPhones listed by Vodafone.de include:

  • iPhone 4 Black (8GB)
  • iPhone 4 White (8GB)
  • iPhone 4S Black (16GB, 32GB, 64GB)
  • iPhone 4S White (16GB, 32GB, 64GB)

As for that all-new iPhone 5, no reference to this device can be found anywhere on Vodafone’s website.

It’s possible these listings are simply placeholders that have spawned from recent rumors, or again, it could be Vodafone Germany’s bid for the free publicity that is currently being handed out to every company that mentions Apple’s upcoming device(s) on its website. But if either of these reasons are true, why wouldn’t Vodafone list the iPhone 5, too?

Vodafone is an Apple partner in a number of territories, and could have listed accurate information on its website prematurely. I guess we’ll all find out for certain tomorrow morning.

[via MacRumors]

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Another victory for Apple as German Galaxy injunction upheld

The Samsung Galaxy Tab 10.1 will be a rare sight in Germany for at least a couple more months, and probably a lot longer, thanks to a ruling on Friday (via FOSS Patents) by the Düsseldorf Regional Court trying the patent infringement case between Apple and the Korean electronics firm in that country. The court upheld the preliminary injunction it originally ordered against the Galaxy Tab 10.1 on Aug. 9, and then upheld at a post-injunction hearing on Aug. 25.

Friday’s decision, which is the final result of that last hearing, means Samsung is out of options for fast-tracking a reversal with the Düsseldorf Regional Court. Samsung could still appeal to the Higher Regional Court, which might potentially result in a fast-track proceeding that lifts the injunction in as little as a couple of months. But if it doesn’t do that, or if its appeal is rejected by that court, the injunction will apply until the full lawsuit proceeds in front of the Regional Court. That means Samsung could be looking at about a year of not being able to sell the Galaxy Tab 10.1, and possibly more if decisions from the main proceeding agree with the preliminary injunction, making it permanent.

Florian Mueller of FOSS Patents also says that the way the Düsseldorf court judge worded the court’s decision might suggest the injunction could be extended to cover “any new products in Germany that infringe the successfully-enforced [sic] Community design for as long as the injunction is in force.” A Community design is an intellectual property protection for the outward appearance of a product or part of it. That means recently unveiled devices like the Galaxy Tab 7.7, which was recently removed from the IFA show floor in Berlin because of patent issues, could be affected, too, while the original 7-inch Galaxy Tab can continue to be sold.

While the injunction still only applies to Samsung in Germany, Mueller says the Community design, which is the basis of the patent suit, has far-reaching implications if upheld. If it remains in force, Apple will be able to fairly easily get similar injunctions against similar products; in theory, few tablets would be safe. Closing off the entire German market from tablet competitors would likely affect the decision of electronics companies to even make one at all, especially if Apple can win similar victories in its ongoing cases in other international markets.

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Apple successfully blocks Samsung from showing off Galaxy Tab 7.7 at IFA in Germany

(We got a look at the Tab 7.7 before it was pulled)

Apple won a pretty significant victory today in its attempts to block Samsung from selling its iPad competitor products in Germany and in greater Europe.  This week’s IFA show is a CES-like pan-European event which showcases new consumer products from just about everyone except Apple.

Most of the buzz this year however is around two of Samsung’s new products, the Galaxy Tab 7.7 and the Galaxy Note 5.3.  Both have 1280×800 SuperAMOLED Displays and run Android 3.2 but the Tab falls under the line of products that Apple is trying to block and is currently under a set of injunctions in various parts of the world.

Interestingly, Samsung was originally showing the 7.7 devices to reporters with “not for sale in Germany” stickers attached. However last night, Samsung started removing the devices from the floor and covering up the advertisements like the product never existed (below).

It appears that Apple got Samsung to block the whole Tab line.  The Tab 7.7 is much smaller than the iPad weighing only 334 grams, yet has a higher resolution screen – so it appears that Apple’s injunction is very broad.

Bloomberg reports:

Samsung, Apple’s closest rival in tablet computers, pulled the just-unveiled Galaxy Tab 7.7 out of the IFA consumer- electronics show in Berlin after a Dusseldorf court on Sept. 2 granted Apple’s request to ban sales and marketing of the product, James Chung, a Seoul-based spokesman for Samsung, said by telephone today.

“Samsung respects the court’s decision,” Chung said, adding that the company believes it “severely limits consumer choice in Germany.” Samsung will pursue all available options, including legal action, to defend its intellectual property rights, he said.

It will be interesting to see what direction this goes.  Will Apple be able to successfully block Samsung’s (and others’) tablets for sale across the world? There is some concern that if Apple doesn’t win in these cases, damages to Samsung could be significant.

Images via ThisismyNext, Cross-posted on 9to5Google.com

Did Apple Lie And Falsify Evidence To Win Its Injunction Against Samsung’s Galaxy Tab?

Apple’s chalked up some big victories against Samsung in recent weeks, culminating in a preliminary injunction that got the Galaxy Tab 10.1 banned throughout the EU. But did Apple do so based upon false evidence? That’s what one Dutch website is alleging, and we’ve got to admit, their argument’s pretty good.

See the image above? The side-by-side comparison of the iPad 2 and Galaxy Tab 10,1 at the bottom is the exact comparison shot used by Apple to prove in official court documents that the Galaxy Tab 10,1 is “practically identical” to Apple’s tablet.

The only problem? That’s not what the Galaxy Tab 10,1 even looks like. The Galaxy Tab 10,1 has a 1.46 aspect ratio. In Apple’s comparison image, though, has a 1.36 aspect ratio compared to the iPad 2′s 1.30. The tablet’s proper proportions have been deformed.

If you actually look at the image, the Galaxy Tab’s icons are warped too, so this seems like an honest mistake by some paralegal resizing an image.

Even so, though, it raises the question about whether or not the injunction against Samsung should even have been granted. As TechCrunch notes:

The current import ban on the GalTab is entirely related to design, so the court is truly judging these books by their covers. Presenting evidence that falsely represents the appearance of a product — especially when the appearance of the product is the only thing in question — is incredibly suspect to say the least. Let’s add to that the fact that Apple had some serious alone time with the judge when presenting this evidence. Meanwhile, Samsung didn’t even have the opportunity to dispute the image.

German courts are notoriously pro-patent, but they also frown upon falsified evidence. At the very least, it seems like any injunction against Samsung based upon this evidence should be appealed.

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Updated: Samsung Responds… Apple stops Samsung Galaxy Tab 10.1 distribution in European Union

Update: Samsung has issued the following statement (via TNW) addressing the court’s decision to grant Apple the preliminary injunction:

Samsung is disappointed with the court’s decision 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.

Reports are coming in that Apple has been granted a preliminary injunction for the entire European Union (excluding Netherlands) that will halt distribution of Samsung’s Galaxy Tab 10.1. This comes on the heels of a postponed launch of the device in Australia due to a lawsuit with Apple.

The decision by the Regional Court of Dusseldorf in Germany to block sales of the device comes after a judge sided with Apple on claims that Galaxy Tab copied key design components related to the iPad 2. While Samsung can appeal the court’s decision sometime in the next month, the Telegraph’s Shane Richmond is quick to point out it would be heard by the same judge. Apple is also said to have a separate lawsuit filed in the Netherlands as well.

Samsung had this to say in a recent statement about their legal disputes with Apple:

“Samsung believes that there is no legal basis for this assertion. We will continue to serve our customers and distributors and the sale of Samsung products will be continued.”

And Apple has made their stance on the situation clear…

“It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”

Comex’s JailbreakMe 3.0 Sparks Security Panic In Germany

While the release of JailbreakMe 3.0 has resulted in jubilation amongst most users, it has curiously prompted a national panic in Germany, where a country-wide warning for all iOS products has been issued by Germany’s Federal Office for Information Security.

Calling the PDF Exploit that Comex’s jailbreak uses a “critical weakness” in iOS, the Federal Office for Information Security has issued a warning concerning all iPhones, iPads and the iPod Touch, claiming that all Apple devices are susceptible to malware, which can be installed on their device’s through an infected PDF file invisibly.

Clicking on an infected PDF file is sufficient to infect the mobile device with malware without the user’s knowledge” on several versions of Apple’s iOS operating system. After opening a website that carries an infected PDF file, a user’s device would be open to criminals spying on passwords, planners, photos, text messages, emails and even listen in on phone conversations.

Of course, Apple will likely patch this vulnerability sooner rather than later. In fact, they’ve already confirmed as much.

In the mean time, ironically, the only way to truly secure your iOS device against the PDF exploit is by jailbreaking and installing Comex’s PDF Patcher 2, which patches up the security hole.

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