Samsung to Fight Apple’s Win on German Galaxy Tablet Order

Samsung Electronics Co. will seek to lift a temporary order won by Apple Inc. that may stop sales of the Galaxy Tab 10.1 tablet computer in most European Union countries.

Samsung will file its opposition in the Dusseldorf Regional Court, which issued the injunction, Annika Karstadt, a German spokeswoman for the Suwon, South Korea-based company said in an e-mailed statement today. The court issued the order under an emergency procedure without a hearing.

“We will take all necessary measures to ensure that Samsung’s innovative mobile-communication devices are available for customers in Europe and around the world,” Karstadt said.

Apple, which said yesterday it won the injunction, contends Samsung’s Galaxy phones and tablet computer “slavishly copy” the iPhone and iPad. Apple is also seeking a court order to block sales in the U.S. until a trial can be held on patent-infringement claims there. In Australia, Samsung has agreed not to introduce a version of the Galaxy tablet until an Apple lawsuit there is resolved.

Court hearings on the issue were scheduled for today and tomorrow in the Netherlands, the only EU country where the German order isn’t applicable.

Peter Schuetz, Dusseldorf Regional Court spokesman, said the injunction was issued yesterday. Samsung told him Apple has served it with the order, he said.

Origins of Dispute

Apple must protect its intellectual property when other companies are stealing its ideas, a German spokesman for the Cupertino, California-based company said in an e-mailed statement.

The dispute began in April when Apple sued Samsung in the U.S. claiming that the Galaxy products imitated Apple designs and technology. Samsung, which supplies memory chips for Apple, has retaliated with lawsuits in South Korea, Japan, Germany and the U.S.

Apple also has patent-infringement claims against Motorola Mobility Holdings Inc. over its Xoom tablet computer. Motorola sued Apple first in Germany in April, and Apple responded by filing claims in May, said Christa Smith, a spokeswoman for Libertyville, Illinois-based Motorola Mobility.

“Motorola has reviewed Apple’s claims and believe they have no merit,” Smith said. “We intend to vigorously defend Motorola’s own product designs.”

The companies also have dueling litigation in the U.S. -- Motorola Mobility filed the first complaint against Apple at the U.S. International Trade Commission in October, and Apple countered the same month. The commission has the authority to block imports into the U.S.

Motorola Mobility’s case against Apple at the ITC, scheduled for trial later this month, has been postponed because of the recent retirement of the judge assigned to the case. Apple’s claims against Motorola Mobility at the agency in Washington are scheduled for trial in September.

The German case against Samsung is: LG Dusseldorf, 14c O 194/11.

Before it's here, it's on the Bloomberg Terminal. LEARN MORE