The war between Apple and Samsung has claimed its first casualty: the Samsung Galaxy Tab 10.1. The Android-powered 10.1-inch tablet has been on sale in Britain for barely a week, but must now be yanked from shop shelves.
The two companies are locked in a bitter dispute over claims that Samsung's Galaxy range of smart phones and tablets copies the look and feel of Apple's iPhone and iPad, right down to the packaging and accessories. Apple applied for a preliminary injunction against the Galaxy Tab 10.1, granted by an EU court in Dusseldorf, for violation of intellectual rights.
The judge agreed that the 10.1 copied elements of the iPad -- and just like that, the 10.1 can no longer be sold in Europe, pending an appeal before the same judge.
The one exception is the Netherlands, although Apple is also planning to file an injunction there this month. That's likely to be followed by injunctions against the original Galaxy Tab and the Galaxy S smart phone. Apple has previously attempted to block the Tab's sale in the US.
Samsung complains it wasn't notified about the injunction and didn't have an opportunity to present evidence. The Korean company is "disappointed with the court's decision and we intend to act immediately to defend our intellectual property rights through the ongoing legal proceedings in Germany, and will continue to actively defend these rights throughout the world." Samsung also emphasises that this is a temporary ban.
Apple is also locked in a patent scrap with HTC, another major manufacturer of Android phones. The fruit-flavoured phone-flinger challenged HTC in British courts after US legal eagles ruled the company infringes two Apple patents.
These legal stramashes haven't stopped Apple from becoming the world's largest company today, passing Exxon Mobil in market value for the first time ever.
Exactly when the 10.1 ban takes effect is unclear. We'll keep you posted on further developments as this extraordinary story unfolds. Do you think the EU is right to ban the Tab? Is this the way Apple should do business? Drop us a comment below or on our Facebook page.
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Comments 39
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Anonymous 10 August, 2011 09:37
Apple is right to fear the Tab. That and the iPad 2 are both great devices but the Tab wins on Flash support, which I found to be superb on all the sites I went to. I tried both out in PC World side by side on Monday evening and the Tab got my vote but I was holding out for the 3G version (not out for another week). Now this.
As I understand it, Apple's complaint relates to the design of the Tab rather than the technology. That way they could get a pan-EU ban. What next, going after every rectangular touch screen computer? Apart from those two attributes, they are both different looking beasts. IMO this is a ridiculous decision by the judge.
Anonymous 10 August, 2011 10:38
Who will Apple pick on next? Dell for having monitors? Microsoft for having an OS? Fruit wholesalers???
This grievance must be about the design and look of the Samsung as you can't possibly go after the technology. If it did, you would see Ford and Nissan taking chunks out of each other for both having a combustion engine in their cars!
Jakee 10 August, 2011 10:48
It only looks like the iPad from the front, but all that is is a screen with a black bezel and a piece of glass over the top. How can you claim that as your design? I saw that on my Sony Television years ago.
I have seen both devices instore and apart from the front they are different devices. Although I haven't seen the packaging.
I am a big fan of Apple products, but all this petty fighting and taking each other to court is off-putting.
I originally liked Apple because they were the laid back quiet guy who crated fantastic products, they've now become greedy.
Anonymous 10 August, 2011 10:59
Apple noes its sales are bad and we prefer android this is another atempt at apple forcing people to buy there product so no one can have a phone or tablet unless its a apple. apple are behaving like the company in the terminator films. we need to stand up against them to stop thid domination,people do not like the way apple works buuly boys tackticks
Anonymous 10 August, 2011 11:16
As much as I disagree with the whole apple patents, it will force companies to be a bit more original, I love HTC phones with android and hope they don't go the same path as Samsung galaxy s2 with the direct copy design. The s2 is a far superior phone than most out there now but one things that stops me getting one is the direct copy design, if I wanted something that resembles an iPhone I'd go get the apple product instead. I remember when mobile devices where unique- Motorola razr, Samsung slim devices, Nokia's N series, E series.
Anonymous 10 August, 2011 11:18
f**k you apple fff*********************************kk yyyyyoooooooooouuuuuu!!!!!!!!!!!!
i will never buy another apple product in my life.
anonymous 10 August, 2011 11:23
More Corporate BULLYING from Apple - who happen to make the inferior and higher-priced device. SHAME ON YOU Apple! :-(
anonymous 10 August, 2011 11:26
Everyone is going on about Apple doing all this, but if an Independent court has decided that it's claims have enough merit to deny samsung from selling the products then there must be something in it,
Anonymous 10 August, 2011 11:30
This is retarded, dodgy complaints being upheld to hold on to a virtual monopoly of the tablet market.
Apple truly is an evil company.
anonymous 10 August, 2011 11:31
Apple you better frickin' watch out, correct if I'm wrong but samsung makes most of the parts for your iPad? You can kiss goodbye to them now. Everyone knows samsungs parts are makes the iPad "great". Either way, I have had enough of Apple bullying out companies such as samsung just because they have a product that looks great but is MUCH BETTER.
Anonymous 10 August, 2011 11:53
Apple are the new evil empire. Personally I think they are bricking it over any competition. They seem to be worried about better products coming on the market. I tried the iPad and its very basic but then it suits its market.
Android wins hands down.
We better watch out otherwise we will have a world with only iPads. It would be like a world where everyone has cheep white earphones, and the same phone and MP3 player.
pompeylad 10 August, 2011 12:21
What ban!!? Still on sale here in the UK through PC World/DSG. Just bought my Tab.
Anonymous 10 August, 2011 12:58
Dixons could be costing Samsung a fortune still selling the Tab
"Samsung is threatened with fines of up to EUR 250,000 (US$ 350,000) for each violation or imprisonment of Samsung's management in the event of continued infringement"
So your £399 Tab just cost Samsung 250k Euros!!!
Aberis 10 August, 2011 13:13
... and this is the very reason I have never bought and Apple product; and never intend to.
Can't wait for the results of the HTC claims, which have the potential to prevent the sale of Apple capacitive touch devices throughout EU and US ...
Aberis 10 August, 2011 13:15
"Exactly when the 10.1 ban takes effect is unclear."
Please read the article properly ... stores in the UK have not yet received notification that the devices are to be removed from the shelves. There would also be a 'cooling off' period during which the devices are to be removed.
pablouk1 10 August, 2011 13:38
Will someone please tell Apple to F-off, they are the most uncompetitive company in Europe and should be looked at by the European Union in the same way a Microsoft a couple of years ago.
Anonymous 10 August, 2011 14:38
I had no intention of buying one of these...but I might now, just to stick a finger up at Apple
Anonymous 10 August, 2011 15:35
Apple is also trying to ban the Motorola Xoom tablet in Europe because it runs honeycomb
barky 10 August, 2011 17:13
This kind of anti-competitive behaviour disgusts me .... other side given no chance to have their say and apple gets their way (for now) .... will never buy a product from that apple company, a company that itself copies what others already make then has the nerve to try & stamp on the competition for the market sector ..... competion is good otherwise tech will stagnate
anonymous 10 August, 2011 19:07
It looks nearly exactly the same as the iPad, so why not? Its not the first time samsung tried to copy apple, especially with a copycat cover for the galaxy they tried to sell a couple weeks back? Apple being an evil empire? Only because they sell reliable and stylish products.
chris3878 10 August, 2011 20:41
Apple is very clever at utilizing existing tech, dumbing it down and using it as their own. Remember to whole facetime thing. Video calling had been out for years before, yet they packaged it up like it was new with a little apple bow and gave it to the world. There are countless more. I just cant stand this corporate stamping of feet when its the other way round. I may be wrong, but dont Samsung being the tiny little company they are supply Apple with numerous components. I used to be apple afficiando, no longer. Android is clear winner in my opinion
Anonymous 10 August, 2011 22:10
If apple got off their backside and supported flash I may not need to buy the tab. As it is, their petty action shows that the tab is stiff competition, I have seen it and can't wait to buy it.
Even if they get a permanent injunction, I will not buy an apple product now. Patents are good, but it seems rather then providing inovation their is a great risk that technology is getting held back now.
Shame on you Apple.
Anonymous 10 August, 2011 22:59
My next tab will be a Sony (becuase I hate samsung crap quality). Bye Apple
Anonymous 10 August, 2011 23:25
Oh dear, Apple. Oh dear.
Anonymous 11 August, 2011 10:00
Thank you all for the well thought out responses.
Apple are in business and believe that their product has been copied. They must assert their IP or lose the right to do so in the future.
If the EU legal system agrees with their assertions, Samsung will be prevented from selling the tab in the EU. If not, no problem.
They are merely protecting their IP and their shareholders interests are they are duty-bound so to do.
fillip2k 11 August, 2011 11:30
Really I think apple have neglected the fact that fruit sellers all over the world are confusing apple customers by selling these things called a Golden delicious "apple" I bought one thinking it was an iPod I tried plugging my headphones in and I got nothing. I tried making a phone call on one of them, strangely it seemed to be better at handling a call than an iPhone though...
APPLE SUE THESE PEOPLE. obviously they trying to cash in on the apple brand to sell their so called "fruits" whatever they are....
Sorry I'm just being facetious, but I do think the judge has been an idiot on this one, a rectangular design is obvious and thus should not be patentable, and the Galaxy tab does not ape the look and feel of a iPad in my opinion. Apple really have lost it now. Jobs I think is exacting some kind of nerdy revenge on everyone by bleeding customers dry and going after everyone that happens to compete against them...
Anonymous 11 August, 2011 13:45
Apple to make good products though they have serious limitations.
But ask yourself how it got to be such a rich company? By charging well over the odds for everything it makes, it milks its customers for all they can. It gets in with the cool kids and makes it products popular, they are people that will buy Apple totally blind to other brands. All they can think is that it is to be Apple.
It goes to show Samsung must be on to a winner with the Galaxy tab.
Come on Samsung get into the ring and knock Apple out!
Anonymous 11 August, 2011 15:49
Why doesn't Samsung hold back on manufacturing parts for them until the case is finished?
There is no way Apple can goto another supplier without a long wait for retooling
Anonymous 11 August, 2011 19:16
Another reason to add to the many why I never have and never will buy the pretentious,over-priced rubbish served up by apple!
DrEvil1970 11 August, 2011 19:19
Android wins hands down for me,Why people pay over the odds for the pretentious apple crap is beyond me especially in the current economic climate!
Anonymous 12 August, 2011 00:43
screw apple... they are so scared the microsoft windows takeover would happen to them again on the hardware scale.. They are so stupid as to stand still in their products and not to move along, also a lot of people hate how apple is so closed on itself not allowing any freedom in their products. Grow up apple !! thumbs up samsung for the very nice quality and breaking the nose of apple..
von dutch 12 August, 2011 12:14
if i was samsung i'd stop designing everything for apple while they sit in their offices smoking cigars.
Anonymous 12 August, 2011 19:16
Hey. If Samsung stopped making parts for Apple what would happen then? Well I bet Apple and Samsung has a contract for the parts they are supplying so if Samsung don't deliver they must pay fines. If Samsung stopped the delivery to Apple, then Apple would get another supplier and a BIG order would be lost for Samsung. So either way Samsung is stock between a rock and a hard place.
Anonymous 13 August, 2011 11:40
iPad 3 coming soon to stores near you. Tab was a shade ahead of IPad2 on most fronts. So Apple needs to delay release of the Tab until iPad3 out, throws every legal trick in the book at the Tab. Stupid German judge thinks a 4:3 rectangle is the same shape as at 16:10 triangle (and Apple spokesman pretends he does too). Apple are just doing what they can to protect their stupidly overpriced tat's share of the market, in a way fair enough, just as morally bankrupt as every other company. The real problem are the authorities which failing to understand the tech and the market grant such absurdly broad patents and a court hearing one side but not the other.
Noone at all would buy a Samsung Tab and think they'd bought an iPad. They do not look the same unless you think a widescreen TV is the same shape as a non-widescreen (in which case I have a number of second hand TV's I would like to sell you at excellent prices).
Anonymous 13 August, 2011 13:29
I just want to buy a Samsung Tab now, if Apple were that bother about it must be fantastic! It is not making me consider buying a iPad, as it must be pretty poor in comparison, as they cannot handle the competition.
AppleRocks16 13 August, 2011 19:08
I have a feeling that this whole "infinging patents" thing goes too far sometimes. This is what the technology market is all about. It is basically a game of cat and mouse and rival companies will try and copy one another to attract consumers. I think Apple do need to tone this whole thing down a bit, as they are all ready a multi-billion making company and all ready have a good chunk of the market with their products.
Anonymous 15 August, 2011 13:18
im apple all over there products just work there's no two ways about it. BUT and this is a BIG BUT they are getting too greedy so what if they look alike to be honest i dont buy them for their looks (although they have set the bar on many platforms for design) i buy for the functionality they make the decisions and it works without question....
look how greedy Microsoft got and there attempts to corner the market now they are the target of every hacker around they have also become a bit of an also run. I trust apple most people like them so you dont really have to worry about hacking so much but now ...... i think i will be getting some virus softwear for my mac
anonymous 18 August, 2011 01:53
There isn't even a home button.
Hey, maybe the Samsung Galaxy Ace does look a lot like the iPhone 4, but that's no reason to ban the Samsung Galaxy Tab 10.1, a completely different device?
That 'Smart Case' might have looked like an Apple Smart Cover, but it was pulled from Samsung's site and even then, it was a third-party device.
It's absolute rubbish. Apple are greedy pound-suckers.
anonymous 8 September, 2011 01:10
I own the iPada 1st Gen, iPhone 4, Samsung Galaxy S and the Samsung Tablet (the 10.1). Im typing on my Samsung tablet now, with the keyboard mount. Got it today. The guy in the shop told me about this war so I researched it, low and behold it was true.
Apple need to fear. The android OS is much better than iOS. The applications are imho much better too. I much preferrer this Galaxy tab, and my Galaxy S over the iPad and iPhone 4. And this is coming from someone that has 2 Apple laptops and an iMac.
'@I love Apples computers, and used to love their phones and iPad but there are better alternatives coming out. Android is the next leader in mobile, and Samsung are producing devices that rival Apple.
Apple are scared, and that's all there is to it.
Anyone that wants to see my products incase they for some reason think I'm lying, email me at joojar@hotmail.com I'll glady do a video for you.