Wednesday, August 10, 2011

Apple's complaint that led to the EU-wide preliminary injunction against the Galaxy Tab 10.1

Yesterday I blogged about a report by the leading German news agency, Deutsche Presse-Agentur (dpa), on the EU-wide preliminary injunction Apple obtained against the Samsung Galaxy Tab 10.1. Earlier today I explained why Samsung was not involved in the proceedings before the injunction was handed. And I'm now finally in the position to publish Apple's complaint that led to this decision:

10-08-04 Apple Motion for EU-Wide Prel Inj Galaxy Tab 10.1

As you can see, it was filed on August 4, 2011. I know that most of my readers don't speak German but you may find it interesting anyway, and you can try to obtain machine translations. Also, you can see the pictures of the iPad and the Galaxy Tab 10.1 that Apple presented to the court.

Unlike complaints in the U.S., German complaints typically begin with the prayers for relief. In this case, the prayer for relief is that Samsung be enjoined from "using, in particular, manufacturing, offering (including advertising), introducing into the market, importing, exporting and/or possessing for the said purposes" the product shown in the photographs on pages 3 and 4 of the complaint.

Concerning the authenticity of the document I have to protect my sources, but I assure you that this document is from a source I trust implicitly.

Here's another link to a German-language page: there you can see (below the YouTube video) that MediaMarkt, the leading consumer electronics retailer in Europe, was already advertising the Galaxy Tab 10.1 with a special price promotion (469 euros) for this coming Saturday (August 13, 2011).

As I write this, a court hearing is underway in The Hague, Netherlands, concerning Apple's complaint in that country. I hope to have more information on that one later today. I heard that the court hearing may not conclude today but might continue tomorrow. A decision will not necessarily be handed right away.

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