Bloomberg News

Samsung Brief Didn’t Prevent Apple Winning Tablet Injunction

August 12, 2011

Aug. 12 (Bloomberg) -- Samsung Electronics Co. failed to convince a German court to hear oral arguments before issuing an injunction in favor of Apple Inc. banning sales of the Galaxy Tab 10.1 tablet computer in most European Union countries.

Samsung on July 29 filed a so-called “protective brief” as part of the dispute it has with Apple over the design of its device, the Dusseldorf Regional court said in an e-mailed statement today. On Aug. 4, Apple filed a 44-page motion seeking the injunction. While judges took Samsung’s arguments into account, they ruled for Apple, the court said.

“It’s rather unusual that the court didn’t schedule a hearing before issuing an injunction even though it had received the protective brief asking for that,” said Timo Ehmann, an intellectual property lawyer in Munich. “It probably means the judges saw a case of extreme urgency and not too many factual issues in dispute.”

Apple won the injunction Aug. 9 banning sales of Samsung’s tablet in all European countries except the Netherlands. Cupertino, California-based Apple contends Samsung’s Galaxy phones and tablet computer “slavishly copy” the iPhone and iPad. Apple is also seeking a court order to block sales in the U.S. until a trial can be held on patent-infringement claims there. In Australia, Samsung has agreed not to introduce a version of the Galaxy tablet computer until a lawsuit Apple filed there is resolved.

Samsung, based in Suwon, South Korea, yesterday filed a motion to lift the EU ban and the court scheduled a hearing in the case for Aug. 25. Samsung said it will make further arguments in the case, the court said.

In the July 29 brief, Samsung had argued the case can’t be heard under fast-track proceeding rules as Apple can’t show that it’s an emergency situation. Samsung also said it will ask the European authorities to invalidate the design rights Apple has filed for the iPad.

The German case is: LG Duesseldorf, 14c O 194/11.

--Editors: Christopher Scinta, Peter Chapman

To contact the reporter on this story: Karin Matussek in Berlin at kmatussek@bloomberg.net

To contact the editor responsible for this story: Anthony Aarons at aaarons@Bloomberg.net.


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