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Samsung and Apple (NSDQ: AAPL) were set to square off in a court in the Netherlands on Wednesday, after a German court on Tuesday prevented…

Samsung Galaxy 10.1
photo: Samsung

Samsung and Apple (NSDQ: AAPL) were set to square off in a court in the Netherlands on Wednesday, after a German court on Tuesday prevented the former from selling its newest Galaxy Tab everywhere else in Europe. Meanwhile, it also has emerged that Motorola (NYSE: MMI) is also named in Apple’s Samsung complaint.

The Dusseldorf court had slapped an injunction on Samsung while it works through the details of Apple’s iPad copycat lawsuit against the Korean consumer electronics giant.

Update: Another interesting development has also emerged around this story. Looking through the details of the Samsung complaint, the blog Foss Patents has discovered that another arch competitor is also named: http://www.motorola.com, and specifically the Xoom tablet. Without access to that complaint, it is unclear whether Apple is currently looking for an injunction on the Xoom tablet in the EU; blogger Florian Mueller guesses that it could be a permanent rather than preliminary injunction in this case because the complaint was filed after the tablet had been in the market for more than one month. We have contacted both Motorola and Apple for more details on this, which could be the first example of an Apple complaint against Xoom in Europe, adding to suits it has filed in the U.S.

In the meantime, Samsung has given us its formal response to the German ruling. Unsurprisingly, it will be appealing the injunction decision:

“Samsung 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.

“We will take all necessary measures to ensure Samsung’s innovative mobile communications devices are available to customers in Europe and around the world.

“This decision by the court in Germany in no way influences other legal proceedings filed with the courts in Europe and elsewhere.”

For now, the 10.1-inch Galaxy Tab continues to be sold in The Netherlands, but that could change fast. A decision could be published within a matter of days, or a couple of weeks at the most, notes the Dutch blog tweakers.net.

As we noted yesterday, this decision in Europe concerns design intellectual property, rather than patents. That will likely mean no kind of pricey licensing arrangement between the two companies can be reached, but even so, if things continue this way for Samsung it could end up costing the company greatly.

Ironically for Samsung, Europe is one region where it may have had a fighting chance for some good tablet marketshare, according to the analysts at Forrester. Yesterday, the company released a report that indicated that Apple’s iPad tablet may only end up with a 70 percent market share in Europe this year, compared to 80 percent in its home market of the U.S..

  1. Not looking good for Samsung, is it?

    A few months ago, LG obtained a seizure order for over 300,000 Sony PlayStations in the Netherlands, effectively blocking their sale – it was lifted several weeks later only on the disclosure that the two companies were “in active negotiations”.

    They need to get talking soon, and more importantly, acting on what they talk about. The days of Far-Eastern countries strutting their cloned stuff round the globe with impunity are numbered with the advent of tougher and more sophisticated IP / Patent laws and precedents. Japan seems to be the only country in that area that is generally immune to these issues, having a well-developed IP / Patent system that is arguably equal to that of the USA and the EU in sophistication and implementation.

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  2. Samsung’s going to lose, again.
    Apple’s done their homework and patented every relevant aspect of what it takes to make a viable, working tablet.

    By the time Samsung recovers, Apple will have over a 60 million iPAD lead and over 200,000 native app lead.

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