Apple has filed a case against Samsung in the Netherlands seeking the ban of all Galaxy smartphones and tablets across Europe.
Its injunction, which is in regards to design and patent infringement, covers the entire Samsung Galaxy series, such as the Galaxy Ace, the Galaxy S, the Galaxy S II, the first Galaxy Tab and the Galaxy Tab 10.1. Other Galaxy devices covered as a footnote included the Gio, Nexus S, 551, Europa, Apollo and Mini.
The case alleges that Samsung copied the iPad’s design, as well as three functional patents, such as mobile photo management, touch events and the “swipe to unlock” patent.
Computerworld reports that Apple’s case against Samsung in The Hague district court is much broader legally than its case in Germany and that the injunction could have a “huge impact” for Samsung’s European market.
The injunction would ban the manufacturing, stocking, importing, distributing, trading or selling of all these devices by Samsung Korea along with its Dutch subsidiaries, which is responsible for 28 distribution channels for Samsung products across the continent.
Apple also wants Samsung to send a letter of request to its European clients to recall all products infringing on its intellectual property from its stock “within 14 days” and that if clients do not comply, they would be violating Apple’s rights. Along with this, it wants Samsung to offer compensation of the purchase price and transportation costs.
Implications
Alastair Edwards, principal analyst at Canalys, told IDG that if the injunction is granted, it could mean that “it’s almost game over” for Samsung in Europe, as it would break its entire supply chain in the continent.
European distributors could see their profit drop, due to the ban on trading the Samsung Galaxy line of products.
The court will make a decision on 15 September and if any of the injunctions are granted, they could take effect from 13 October.
In a parallel case in Germany, Apple managed to ban the Samsung Galaxy Tab 10.1 in Europe over a design registration. However, this was temporarily lifted in all areas except Germany until both parties meet in court on 25 August. The German ban only prevented the import of new models, as opposed to this wider case in the Netherlands.
