UPDATED 15:48 EDT / AUGUST 25 2011

Samsung Tablet Ban Extended, IFA Hopes Crushed

As reported yesterday, Samsung was defeated by Apple in a Dutch court when the court approved the injunction filed against them for their smartphones.  But they had high hopes for their German court appearance today, as they planned to use Stanley Kubrik’s film to appeal their case.

Unfortunately, today didn’t go the way Samsung hoped, as their tablet ban has been extended until September 9 as said by Presiding Judge Johanna Brueckner-Hofmann in today’s preliminary hearing.

“In the court’s view, Apple has a case to keep” the German ban, Brueckner-Hofmann said at the hearing today. “There are a lot of alternative ways to design a tablet device, as the market amply shows. We think Apple’s EU design rights grant a medium range of protection, if not a broad one.”

The evidence submitted by Samsung in an effort to prove Apple tampered with the photos of the Galaxy Tab to make it look more like the iPad was dismissed, as there have been other tablets before the iPad that had buttons and such, and that the Galaxy Tab was the closest resemblance to the Apple tablet.

Also, Samsung’s appeal to use Kubrik’s movie to fend off Apple’s lawsuit fell on deaf ears as the judge stated that the “tablet” in the film is not comparable to the iPad.

And to make matters worse, because of the ban extension, Samsung will not be able to show-off the Galaxy Tab in the IFA consumer electronic trade show in Berlin that will run from September 2-7.

The only shot that Samsung has of overturning the rule is to convince Judge Brueckner-Hofmann that Apple had previous knowledge, as early as June, of Samsung’s European launch.

According to Florian Müller, an intellectual-property consultant in Starnberg, Germany points out on his blog, FOSS Patents, “Apple’s preliminary injunction was granted after Apple argued there was a sense of urgency surrounding this particular infringement. If Samsung can prove that Apple knew of the competing tablet in June, then the judge could strike down the injunction for lack of urgency.”

If you’re wondering why Apple is breathing so hard on the back of Samsung’s neck, you probably haven’t noticed that Samsung products have been taking a bit from Apple’s sales.  Apple is acknowledging the fact that they’re keeping a close eye on Samsung.

With that, we’d have to wait a couple more weeks to find out if Samsung could win this one.  At least there’s still something we can look forward to.  In just a few days, Samsung is about to launch their Galaxy SII in the US.


A message from John Furrier, co-founder of SiliconANGLE:

Support our mission to keep content open and free by engaging with theCUBE community. Join theCUBE’s Alumni Trust Network, where technology leaders connect, share intelligence and create opportunities.

  • 15M+ viewers of theCUBE videos, powering conversations across AI, cloud, cybersecurity and more
  • 11.4k+ theCUBE alumni — Connect with more than 11,400 tech and business leaders shaping the future through a unique trusted-based network.
About SiliconANGLE Media
SiliconANGLE Media is a recognized leader in digital media innovation, uniting breakthrough technology, strategic insights and real-time audience engagement. As the parent company of SiliconANGLE, theCUBE Network, theCUBE Research, CUBE365, theCUBE AI and theCUBE SuperStudios — with flagship locations in Silicon Valley and the New York Stock Exchange — SiliconANGLE Media operates at the intersection of media, technology and AI.

Founded by tech visionaries John Furrier and Dave Vellante, SiliconANGLE Media has built a dynamic ecosystem of industry-leading digital media brands that reach 15+ million elite tech professionals. Our new proprietary theCUBE AI Video Cloud is breaking ground in audience interaction, leveraging theCUBEai.com neural network to help technology companies make data-driven decisions and stay at the forefront of industry conversations.