Apple was recently successful in blocking the sale of the Samsung Galaxy Tab 10.1 Android tablet in Europe, and it looks like it may seek an injunction against Motorola for its Xoom tablet as well. Google, maker of the Android mobile platform, has openly accused Apple of going after Android hardware makers because the iPhone maker itself is more focused on lawsuits, rather than innovation. Google also says that it will support and defend its hardware partners.
That passage says that Apple filed with the same court (district court of Düsseldorf) a complaint over the design of the Motorola Xoom, but it doesn’t state whether that complaint included a request for a preliminary injunction. While it’s not stated explicitly, I suppose that the complaint against Motorola also asks the court for an EU-wide injunction — but perhaps just for a permanent injunction without a previous preliminary one.
The other company that Apple sued in Germany, JAY-tech, was served a preliminary injunction, and according to Apple’s representations, it was upheld by the court “in its entirety” even after a hearing. The complaint doesn’t say on which operating system JAY-tech’s banned tablet was going to run, but Android would be by far and away the most likely option.
Although Apple may not be seeking an injunction against Motorola for its Xoom Android tablet, there is a possibility that that might be the course of action. It’s also likely, if its success against Samsung is an indicator, that Apple will get what it wants in an EU court. Or it may go the other way, as FOSS says, “It’s possible that Apple has also been aware of the Xoom for too long to file for a preliminary injunction at this stage.”
At this point, it does seem like Apple isn’t going to relent when it comes to dealing with its competitors. This could be bad news for consumers, however, since there are few viable tablet options competing against the iPad. While Apple accuses companies like Samsung and Motorola for failing to innovate, it is also stifling the ability to innovate with these lawsuits.
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