InfoTech: Apple get Samsung Galaxy 10.1 tab withdrawn in Europe

The case throws into sharp relief just how far European law has reached into national laws: now, a pan-european injunction can be obtained in any member state and ordered to have what amounts to federal effect.

Note that his is not a "federal court," but a national court under which its orders can be enforced in other jurdictions, if the court so orders.

Germany is, of all the EU states, the nearest to US law when it comes to enforcement of intellectual property rights which have, in principle, been broadly homogenised across the EU.

Apple say that the Galaxy 10.1 (the smaller 8.9 is not affected by the order but it is not yet widely available) is a blatant copy of the iPad 2 in look and feel and in aspects of its operation. Samsung, Apple say, have even designed packaging which is too similar.

Samsung say that they do not comment on legal proceedings but, due to the delay in getting an appeal on foot - probably at least four weeks - the company is going to have to find a way to protect the already substantial sales: the long awaited product was shifting off shelves at a rate that even Apple could not match, according to some reports.

It is true that Samsung have to a degree followd the iPad: for example, the Galaxy Tab has a multi-port into which all the useful stuff such as hdmi output must go via an optional - and expensive - adapter. The pre-release version included an 8mpx camera: that went in favour of a more iPad like resolution (losing one of the Galaxy's primary differentiating factors). The pre-release version of hte Galaxy Tab was thicker - a scramble for competitiveness produced a thinner (and some suspect flimsier) tab even thinner than the iPad 2. In comparison, the Motorola Xoom feels solid and like it handle work-place stress rather better.

The decision comes just as Samsung release the Galaxy Tab 10.1 in India, where gadgets are the new religion, it seems. Smartphones are selling at a startling rate and the tablet market is epected to take off with a bang as more entrants battle it out for the credit-fuelled boom in elelctonic bling takes hold.