The Galaxy Tab 10.1 isn’t the only Samsung tablet that Apple’s managed to block in Germany. The company also managed to get the Galaxy Tab 7.7 pulled from a German trade show earlier this year, and now a court document in the U.S. shows that Apple managed to win a preliminary injunction in Germany against the Galaxy Tab 8.9, too.
Word of the Galaxy Tab 8.9 injunction surfaced in a reply Apple filed regarding Samsung’s opposition to a potential U.S. preliminary injunction. Apple stated in the document that it “obtained preliminary injunctions against versions of the Galaxy S, SII and Ace smartphones sold in the Netherlands, and against the version of the Galaxy Tab 10.1, 7.7 and 8.9 sold in Germany.”
Samsung’s tablets keep getting blocked in Germany
Florian Mueller of Foss Patents commented, “I said a few months ago that Apple was collecting those international victories as trophies in order to make it psychologically and politically easier for an American court to grant a preliminary injunction as well. The fact that Apple highlighted those international achievements in footnote 1 on page 1 of its reply brief in the U.S. lawsuit confirms this assessment.”
Apple and Samsung have been locked in a legal battle over patent infringement claims for several months. Both companies have alleged that the other’s mobile devices use patented technologies without proper licensing, and have filed lawsuits against each other in the U.S. and other countries.
A German court upheld an injunction blocking the sale of Samsung’s Galaxy Tab 10.1 tablet in the country, and the company filed an appeal in hopes of overturning that ruling. Apple was also awarded a temporary injunction through a Dutch court blocking the sale of some Galaxy devices in the European Union, along with a temporary injunction blocking the sale of the Galaxy Tab 10.1 tablet in Australia.
Samsung has also managed to convince the court in Australia to give it access to parts of Apple’s contracts with cell service providers in the country. The judge, however, stopped short of giving Samsung access to the full contents of those contracts.
Despite its efforts to block iPhone 4S sales in Australia, Japan, France, and Italy, Samsung isn’t seeking an injunction at home in South Korea. “We concluded that we should engage in legal battles with Apple only in the global market, but not in order to gain more market share in Korea,” a Samsung executive said.
Mr. Mueller thinks Apple could very well win its preliminary injunction in the U.S. blocking the sale of the Galaxy Tab 10.1. “My overall impression is that Apple is not at all unlikely (though very far from certain) to win a preliminary injunction in the United States,” he said.
Judge Lucy Koh, who is overseeing the patent case in the U.S., entered several administrative orders on Monday, which may mean a decision on Apple’s injunction request will be coming soon.