Apple's injunction against the Samsung Galaxy Tab 10.1 in Germany might be circumvented, but at a cost
The Regional Court of Dusseldorf upheld its injunction against the Samsung Galaxy Tab 10.1, due to alleged Community Design infringements on Apple's iPad, but the marketing and sales ban on Samsung's newest 10-incher is only valid for Samsung Germany.
Big retailers like Media Markt still have the right to sell the inventory that currently sits on the shelves and in the warehouses, and then they probably can restock, but not from Samsung Germany. The Korean, Dutch, or any other office can send shipments to their stores, and pro forma these shouldn't be under any veto.
Apple could argue that Samsung violated the terms of the ban, though, and its tablets are still sitting on the shelves at German retailers. Then again, the stores might buy in bulk from somewhere else, like an independent third party wholesaler in another country, which, however, might make it prohibitive to score a profit.
The bigger issue is if the injunction against Samsung in the Netherlands holds water, since most of the company's EU logistics is based there, and it will have to rewire its whole European supply chain if it wants to sell allegedly-Apple-patent-infringing products. It is going to be interesting to watch how Samsung plays this one out.
source: OSNews & FOSSPatents
1. Droid_X_Doug (Posts: 5536; Member since: 22 Dec 2010)
Sounds like time for Sammy to find one or more of it's patents that Apple is infringing and file for an injunction against Apple. This is starting to look like the Cold War between the U.S. and the Soviet Union - mutually assured destruction kept the peace.
5. ardent1 (Posts: 1991; Member since: 16 Apr 2011)
Looks like someone in Sammy might just wonder if they they should stop shooting itself in the foot. At the end of the day, Apple will take all of its business from Sammy because one of its units couldn't stop copying other people's products.
2. remixfa (Posts: 13902; Member since: 19 Dec 2008)
MAD.. if there was ever a better acronym. :)
I still say sammy should just redesign it with a notch or something in it (something that wouldnt be expencive to change) and just start selling the new model.. lol. That would piss Apple off :)
3. Hallucinator (Posts: 339; Member since: 24 May 2010)
I am an Apple fan, however it seems the only articles these days involving Apple have to do with Law suits and not products. Apple should just concentrate on making the next Iphone as good as possible and not worry so much about what everyone else is doing. I know that won't happen, Apple has become too sue happy.
6. Stuntman (Posts: 707; Member since: 01 Aug 2011)
Yeah. Law suits and vapourware articles are all I see right now.
4. ivanko34 (Posts: 617; Member since: 04 Sep 2011)
Please no one must show the media markt ad to steve jobs. He believes he won against samsung. (same thing for isheeps)