The other day we told you that a German court decided to temporarily suspend the ban on Samsung selling the Samsung Galaxy Tab 10.1 tablet in Europe. Considering this decision of the European court, Apple a now submitted a new application in the Netherlands where he accuses Samsung of infringing patents in the entire Galaxy line and demands the blocking of sales plus the withdrawal of all existing stocks. The initial request approved by a court in Germany only blocked the sales of products that were not yet in store stocks, so practically anyone could sell everything they had in stock without problems, but in the Netherlands Apple wants to block everything.
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 tablets, said Canalys' Edwards. "This is a very big threat to Samsung, because basically their whole European supply chain will be broken," he said.
Basically, we are talking about a request through which Apple tries to paralyze the entire trade chain of Samsung in the Netherlands, and if the request is accepted there, then the company from Cupertino could introduce a similar one again in Germany. Apple asks both Samsung and its partners to contact all the stores that sell Galaxy series terminals within 14 days and ask them to stop all sales, Of course, Samsung now has no legal obligation to do this, but the interesting part comes below.
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 asks the Dutch court to ban the sale of all Galaxy series products, but the ban must apply to both Samsung and other partner companies that distribute stocks in Europe. In practice, Apple wants to block both sales in the Netherlands and the activity of companies that distribute terminals from the Galaxy series throughout Europe. If Apple succeeds, then Samsung will no longer be able to send anything from Holland to EU countries without violating the court's possible decision.
We will find out next month if the court in The Hague will make a decision in favor of Apple.
