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Though Samsung told VentureBeat on Tuesday the company had “no notice” Apple was requesting an injunction to ban the Galaxy Tab 10.1 tablet in Europe, a report today says Samsung knew what Apple was up to.
FOSS Patents‘ Florian Mueller has obtained a revealing press release from the Düsseldorf district court, which blocked the Galaxy Tab 10.1 from sale in the EU. The release shows that about a week before Apple filed its injunction, Samsung filed a “Schutzschrift,” a protective pleading that companies normally file when anticipating a preliminary injunction.
“While it’s true that they weren’t put on notice and that there wasn’t any hearing, Samsung wasn’t forthright enough to admit that it had filed a protective pleading,” Mueller wrote. “Samsung wasn’t blindsided — Samsung knew it had this coming, and the court’s decision was based on both Apple’s motion and Samsung’s preemptive opposition pleading.”
The news comes the same day a date has been set for Samsung to appeal the German court’s decision. Samsung will go to court on Aug. 25 to try to convince it to unblock the sale of the Galaxy Tab 10.1 throughout Europe (excluding the Netherlands). As of now, Samsung can face fines up to $350,000 per unit if it continues to sell the device in the EU.
FOSS’ Mueller thinks Samsung has done itself a considerable disservice by misleading the press on this closely watched story.
“This kind of communication strategy on Samsung’s part is old-school spin doctoring and only serves to strengthen my impression that Samsung is in a legally weak position against Apple,” Mueller wrote. “If Samsung wants to inspire confidence, it has to understand that half the truth is sometimes tantamount to a whole lie.”
Samsung certainly doesn’t look good in this position, but we will see what happens Aug. 25. Samsung did not respond immediately to VentureBeat’s request for an official comment.
Apple and Samsung have been legally sparring since April, when Apple filed a lawsuit in the U.S. concerning the company’s Galaxy Android smartphones and Galaxy Tab. Apple argued Samsung’s devices heavily imitated the iPhone and iPad. Samsung filed a counter-suit against Apple, but the battle also extended to the U.S. International Trade Commission, which can block the importation of devices into the U.S.