In its case against Samsung Electronics in the Netherlands, Apple is demanding an extensive ban on all Galaxy series smartphones and tablets, including a complete recall of stock by European distributors and resellers.
Apple's complaint against Samsung in The Hague district court is much more comprehensive than previously thought. It's not only broader in its legal scope than a separate, ongoing Apple complaint against Samsung in Germany, but an injunction could have a "huge impact" on the entire European market for smartphones and tablets, according to Alastair Edwards, principal analyst at Canalys.
Apple's complaint, seen by Webwereld, a Dutch IDG publication, seeks an injunction for the entire Galaxy series. This includes the smartphones Galaxy Ace; Galaxy S and Galaxy SII; and tablets Galaxy Tab 7 and Galaxy Tab 10.1. Other Galaxy devices, like the Gio, Nexus, 551, Europa, Apollo and Mini are also involved, albeit only in a footnote in which Apple states, "It is expected that these devices are also covered by one or more of the patent rights invoked."
Apple demands an extensive ban on these devices, covering manufacturing, stocking, importing, distributing, trading or selling by Samsung Korea and its Dutch subsidiaries, which include Samsung Logistics BV and Samsung Overseas BV. These companies play a crucial role in the distribution of Samsung products throughout Europe. According to Apple's complaint, "Samsung Logistics is responsible for 28 distribution channels throughout Europe."
Apple demands that Samsung and its subsidiaries send a "letter of request" to all their European clients to recall all infringing products from stock "within 14 days" and offer compensation of the purchase price as well as transport costs.
Apple demands that Samsung's letter should include a statement saying that if clients don't comply, that they themselves violate Apple's intellectual property rights.
"For the record we would like to mention the fact that by storing, offering and/or selling of the above mentioned Galaxy smartphones [and tablets], you commit infringement of the intellectual property rights of Apple Inc.," according to suggested wording in the complaint.
"If this injunction is granted it could have "significant implications" for the European market for smartphones and tablet, said Canalys' Edwards. "This is a very big threat to Samsung, because basically their whole European supply chain will be broken," Edwards added.
Edwards reckons than a possible injunction could have an enormous impact on the market. "This could mean it's almost game over for Samsung in Europe," Edwards said, noting that Samsung in the last year has rapidly overtaken Apple in shipments in the smartphone market in Europe, Middle East and Africa, currently closing in on market leader Nokia. Apple still reigns in the tablet market, with 69 percent of all shipments last quarter, while Samsung had 7 percent.
A number of European distributors and resellers could also be hit, as channels would have to be drained by Samsung, Edwards said. The Korean company would have to compensate these companies for the purchase price and returning costs of all infringing stock. But as there would be no trading in the products, profit could drop.
"Distributors and resellers now have to think hard whether to keep Galaxy products in stock," Edwards said.
The court in The Hague will rule on Sept. 15. At the hearing last week, Judge Edger Brinkman stated that if he grants any injunctions, they would take effect no sooner than Oct. 13.
Both Apple and Samsung declined to comment, citing ongoing litigation.
On Tuesday, in a separate case brought by Apple focusing on the Galaxy Tab 10.1, the Dusseldorf District Court changed its preliminary injunction enacted last week that prohibited Samsung from selling the device in all European Union countries except for The Netherlands. The Dusseldorf court, citing uncertainties about jurisdiction, changed its ban to allow Samsung to sell the product in all E.U. countries except for Germany.
Comments
Coops said: the Android vs Apple dispute reminds me of the cold war - with Apple taking the place of the Soviet Bloc
Anthony O'Brien said: Nice Rant Mark I agree with you entirely It is quite amazing that Apple are SO popular with the public despite blatantly obvious restrictions with their software and their closed ecosystem Im stunned that time and time again high quality competition cannot penetrate their market share WebOS was a fantastic OS and yet its most likely gone forever because of failure to even knock a dent in IOS One of my closest friends is a technologygadget freak yet he has recently ported to Apple and annoys the crp out of me telling how brilliant the ipad is Believe me if hes on Apples side they really have brainwashed Joe soap
Mark said: RIDICULOUS How can any comapany sue another because their product LOOKS similar A tablet PC is a tablet PC Its a rectangular screen in a frame THEYALL lookalike Phones are rectangular with a screen too I have never bought an Apple product never will and this action just proves WHY I feel that way They are control freaks They control the hardware and the vast majority i believe around 90 of the software that can run on a MAC Compare that with windows who control less than 5 of the software that can run on their OS Compare the way that the Andriod market does business with that of iOS apps I Tunes is another classic example of Apples need to control everyrthing Id rather install a password stealing trojan on my PC than I Tunes At least you know what your letting youself in for with a Trojan There is stuff in I Tunes softwarethat can probably rival the CIA when it comes to controlling exactly what goes on without the knowledge of the innocent userApple are alienating a lot of prospective customers with this child like tantrum How many different manufacturers were making flat screen monitors before Apple brought one out for their MAC PCs TFT LCD monitors are all rectangular screens in a frame They ALL look similar But no companies are suing eachother over it Maybe Jobs will turn on us all one day and sue the world for having eyes noses and mouths that arein the same place on their faces as his But as his face more often than not isinserted in his rectal cavity hell have trouble proving it in court methinksThis is CLASSIC business practice for a company that doesnt like an open market with competition as it shows their products as overpriced and bad value like the i idiots phone
David smith said: had been thinking about getting an iPad but am not gonna bother nowtrying to patent rounded corners is sad
arb said: Samsung has more money than Apple
Anthony O'Brien said: Never bought an Apple product and now never likely to either I hope this backfires on Apple Im not old enough to remember but did Sony carry on like this in the 80s when every company on Earth were trying to imitate the Walkman I would really like to see the end of Apples domination but now with WebOS no longer being supported by HP this wont be anytime soon
Matt Egan said: Hear the sentiment have to point out that Apple doesnt bribe judges
K-walter said: the people in the uk are like a flock of sheep chasing after apple products do they not realise they are being ripped off they have to pay more in the uk than almost any other country people can buy a very good net-book with loads of storage for freei am not a fan of of our so called friends over the pond but least wise according to stastistics they have more savvy and buy the better android systems it just shows how bad apple is when other companies are doing better than them they just sue every one in sight so watch out people if you do nt own an apple product YOU ARE NEXT
oldcj said: This is typical of apple once again trying to dominate a free market they are too big for their boots Yet anouther reason to never buy apple products
Cdtplug said: Wonder how big the back handers are that apple pay these judgessurely anybody with any sense can see its apple running scared and have no justification other than the other phones are so much beter
David Fletcher said: Samsung should tell Apple to shove it Right where the sun dont shine Utter scum
Deltabeard said: Apples attack is disgusting Theyre trying to remove Samsung from Europe so that they can get more space in the market for themselves There wont be much competition for Apple if Samsung goes aside
Padmondo said: apple scum