Samsung may not have had the opportunity to fight Apple’s European preliminary injunction against the Galaxy Tab 10.1 – only finding out that Apple had filed after the ban on sales was applied - but the company has come out fighting in the Netherlands hearing today. Samsung demanded that the Dutch courts throw out the case as it was simply too complex for summary proceedings, Webwereld reports, pointing out that plenty of electronic devices are flat, rectangular and have rounded corners and large screens, and that – based on Apple’s standards – every digital photo frame is in fact an iPad.
Much of Samsung’s case hinged on Apple’s broad interpretation of design. The form of a tablet or phone follows its function, the Korean’s legal team argued, highlighting that there were plenty of devices that look like the generic iPad/iPhone prior to the iPhone’s original debut. Samsung also brought along twenty alleged prior art examples, and even pointed to the 1994 “Knight-Ridder” tablet concept:
Meanwhile, Apple claimed to have done market research that discovered 80-percent of those surveyed believed the iPad and Galaxy Tab to be either “identical” or “similar in general impression,” though the judge criticized the company’s research methodology. According to Apple’s lawyers, consumers ended up “confused and angry” because of the original Samsung Galaxy S because of its similarity to the iPhone.
Samsung couldn’t help but get snippy, suggesting that it too held plenty of patents but “on real technology” before the session came to a close. No injunction, not yet at least, but the judge announced that the ruling would come on September 15 and that, if an injunction is the answer, that will be implemented no sooner than October 13.