But loses the 10.1N appeal.
Seems that Apple won an European ban on Samsung Galaxy Tab 7.7, outlines proposed damages of $2.5 billion or more.
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.
However, the court re-affirmed the denial of an injunction against the Galaxy Tab 10.1N, a version of Samsung's 10.1.
Now, the two companies are still fighting in the US as well. In a filing today in a San Diego, California court, Apple is claiming $2.5 billion in damages.Apple had been seeking an injunction against the Galaxy Tab 10.1N, but was rebuffed back in February by the Dusseldorf Regional Court, which claimed the redesign was distinct enough from the original Galaxy Tab 10.1 that the original injunction ought not to apply. Now that the decision has been upheld, Apple could be out of appeal options. It's important to keep in mind that this is all based on preliminary injunction requests, and the full trial on the merits is still to be held. Samsung sent us a statement in response to the 10.1N decision, saying:
"Samsung welcomes the court’s ruling which confirms our position that the GALAXY Tab 10.1N does not infringe Apple’s intellectual property and does not infringe laws against unfair competition. Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."
The Galaxy Tab 7.7 injunction was a different story, however, as Apple won a preliminary ban across the EU. Previously, the smaller tablet had only been banned in Germany, but this most recent ruling apparently prevents Samsung's parent company from selling it anywhere in the EU. Samsung's statement regarding that decision was predictably a little more negative:
"Samsung is disappointed with the court’s ruling. We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple’s claims to ensure our products remain available to consumers throughout the European Union."
Apple argues that the company "chose to compete by copying Apple." Samsung, thinks it should owe much less —$0.0049 per unit per patent— if anything."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."
So, the patent wars continue. And seems that Apple is taking the lead...
NEWS SOURCE #1: Apple claim against Samsung (via) EnGadget
NEWS SOURCE #2: Apple wins EU ban of smaller Samsung tablet demands 25 billion in damages (via) SlashDot
Our thanks to 'Gauss' for this news item!