Apple Wins EU Ban of Smaller Samsung Tablet, Demands $2.5 Billion In Damages 377
walterbyrd writes with news that Apple has won a preliminary injunction against the Samsung Galaxy Tab 7.7 across the European Union, thanks to a decision in a German regional court today. At the same time, the court re-affirmed the denial of an injunction against the Galaxy Tab 10.1N, a version of Samsung's 10.1" tablet that was modified to avoid infringing upon the same patents Apple had asserted earlier. The two companies are still fighting on the other side of the Atlantic as well. In a filing today in a San Diego, California court, Apple is claiming $2.5 billion in damages. "Samsung's infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world. Samsung has reaped billions of dollars in profits and caused Apple to lose hundreds of millions of dollars through its violation of Apple's intellectual property." Samsung, of course, thinks it should owe much less — $0.0049 per unit per patent — if anything.
Its getting stupid now. (Score:5, Interesting)
Distribution from Germany (Score:1, Interesting)
Key point missing: EU distribution currently is happening from Germany, where German judges can set the rules.
That's why a German ban is currently a de facto EU-wide ban.
I say currently, because the same case played in the Netherlands, and Apple has lost twice there now. They're taking it to the Dutch supreme court -- I wouldn't be too surprised if, should that court favour Samsung as well, the Netherlands suddenly becomes the distribution center for this stuff in the EU.
(Basically: yes they could move to another EU country, until they were challenged there. I just don't think judges would like that approach -- deliberately evading justice does not score bonus points with them. However, the legality of the tab was already affirmed by Dutch courts, making it more a business decision than an evasion. :)
I am not a lawyer, so if you're samsung, use this advice at your own risk
Re:Apple is the new Microsoft (Score:4, Interesting)
Is it evil to defend your intellectual property?
If your intellectual property includes stuff like "a rectangle with rounded corners" the, yes--yes it is.
Re:Apple is the new Microsoft (Score:4, Interesting)
I don't remember Microsoft ever being quite as evil as Apple now are.
Loathe as I am to admit to a greater evil than Microsoft in the computing world, I must agree. Microsoft's major thing was making proprietary solutions we already had other solutions for and strong-arming everyone else out of a market via manipulation of their OS monopoly. In hindsight and in the light of Apple, there was a subtlety to Microsoft's tactics, still allowing even the illusion of competition (and some cases where they failed in their tactics and were forced to compete). You could almost be convinced that Microsoft wasn't just bludgeoning everyone else into submission by coasting in on a substandard, nonstandard OS that everyone used at the time. Almost.
Apple, on the other hand, straight-up refuses to compete. At all. A threat in one of their markets? Sue them out of existence. A better product shows up outside of their precious pre-ordained release/marketing schedule and threatens their bottom lines? Sue them out of existence. Someone else beats them to the punch on a technology? Get really, really bitter and sue them out of existence with obscure, obvious patents. Microsoft didn't go straight to the courts when they were threatened. Sure, they came back with either substandard or trivially improved products inextricably linked to their OS, or they bought the company out and absorbed the products, but they only went to the courts when there was actually a case to be made. Apple's very clearly on a slash-and-burn strategy, hell-bent on destroying the entire industry if they have to just to avoid any competition.
I tried a MacBook once a few years back (before Apple went apeshit). I thought it was cute, but didn't see the whole obsession angle, and my next laptop was a ThinkPad. Now I'm glad I made that choice. Shame I'll never be able to sell the MacBook, owing to Apple's not only planned, but FORCED obsolescence...
I read once before that there was a time when IBM was the Evil Empire(tm). It was then mentioned, by someone who was there for both, that in light of Microsoft, the old-timers never knew how good they had it with IBM in charge. I guess history's repeated itself once again.
Re:Hey Apple (Score:2, Interesting)
Yeah like after Ford got a big hit with the Model T, anyone else who wanted to make a car should have made motorcycles and...motorized skateboards and stuff, and left the cars to Ford, forever.
Re:Apple is the new Microsoft (Score:4, Interesting)
What would you suggest Apple do?
Yes. Show some fucking integrity. Display some ethics. Hell, even market the shit out of their products so that hip people buy them.
Oh, they did that one.
Try competing on merits, not on arbitrary and bullshit legalised monopolistic predation. Try fucking innovating and being better than the competition. And no, don't even fucking pretend the Apple design patent represents innovation. Don't fucking insult me by suggesting the iPad is better than the Asus Transformer tablets.
Shit, how about even undercutting the competition. Apple can afford it, but they're too happy leeching cash off their loyal fanbase and racking up genuinely astonishing amounts of liquid assets. Sell iPads for $250 each and watch Samsung's sales plummet.
Could you propose an alternative to the course of action that Apple are taking?
Hmm, looks like I proposed several. Why did Apple pick the box marked "Act like cunts"?