Apple sues Motorola over Xoom tablet in Europe

Apple is once again going after a rival tablet, claiming that its design was taken from Apple's iPad device. The FOSS Patents web site reports that Apple has filed a complaint with a German court against Motorola, the maker of the Android-powered tablet the Xoom. Apple and Motorola had previously fought over patent ownership back in October 2010 in the US but this new complaint is the first time we have seen the legal fight extended over to Europe.

So far, Apple has yet to seek an injunction asking the court to keep the Motorola Xoom from being sold in Europe. The Xoom was first launched in its 3G form back in February, and in March a WiFi only version was released. Motorola has recently said it has shipped about 440,000 units of the Xoom tablet so far this year. In September, the Xoom is supposed to get its long awaited 4G update via Verizon.

Apple has already gotten courts in Australia and more recently in Europe to agree to keep Samsung's Galaxy Tab 10.1 tablet from being sold in those territories while the two companies fight in court over their own patent disputes. The European ban happened on Tuesday and in a statement to News.com, Samsung said the decision to keep the Galaxy Tab 10.1 off store shelves was a surprise, saying, "The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung."

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Btw, they are ripe for monopoly lawsuits because they actually have 70+% of the tablet market now. So if this isn't the case for monopoly charges i don't know what is.

I think we are at the point where it is clear that Apple simply can't compete on the merits of their products and this is the only way they can try to prevent competition. This is again not only anti-competitive but anti-consumer in every way possible.

more and more negative things about apple, hope it all bites them in the butt, still never going to buy an apple product, over priced pieces of crap

People need to remember that Apple doesn't always do the suing. I seem to recall that in the 1980s Apple LOST a case in California where they were accused of stealing their own name. The Beatles won that case (Apple Corp).

Wow, Apple is becoming more and more of a bitch of a company each day. They are just worried about the $$$ the competition is taking away from them. Instead of making their products better and providing the customers with more...they would be much better off.

calimike said,
Will Apple going to sued Micrsoft for block Windows 8 tablets from sale in US, Asia and Euro?

If anyone design a windows 8 tablet that looks like the iPad, then yes, and as we've now seen they are right to do so.

This is total BS anymore. When will it stop? Clearly androids popularity has apple running scared. HTCs announcement tomorrow should be interesting.

smooth3006 said,
This is total BS anymore. When will it stop? Clearly androids popularity has apple running scared. HTCs announcement tomorrow should be interesting.

This is what its all about
Apple knows theri products are overpriced pieces of crap, and that something better has come along and are trying to block them from ever hitting the market. Itll hurt them in the end

Beyond Godlike said,

This is what its all about
Apple knows theri products are overpriced pieces of crap, and that something better has come along and are trying to block them from ever hitting the market. Itll hurt them in the end


I suppose the superiority of these devices are why their sale are so low (compared to the iPad) and their return rates are so high (compared to their sales).
I have a 7 inch galaxy tab, seriously, every single honeycomb device out there is crap.

Let them go...it will come back to bite them when the EU starts an anti-trust lawsuit against them.
Apple are close to monopolising the market so something will have to give as it did to Microsofts products years ago.

I already refuse to purchase any further Apple products. My ipod touch and MBP will be upgraded in 2012, and I have already planned going back to Windows.

LLTC said,
Let them go...it will come back to bite them when the EU starts an anti-trust lawsuit against them.
Apple are close to monopolising the market so something will have to give as it did to Microsofts products years ago.

I already refuse to purchase any further Apple products. My ipod touch and MBP will be upgraded in 2012, and I have already planned going back to Windows.


Oh, G-D, please don't tell me they're gonaa monopolize the market...

2 things going on here, Apples patents are too broad, and stifling the competition. Its like Apple knows the competition wants to use a similar design. Similar design to Apple = more consumer recognition. On the other hand the competition could try to break from the traditional looks and design something innovative. Either way Apple needs to stop ruining the competition and the competition needs to at least try to out innovate Apple in design

Computer Communism at its best. Everyone must have an iDevice. All other devices are against the law. I'm not even going to consider an iPod now

Patenting Multitouch is stupid to. Companies should not be able to patent how people interact with their devices. Multitouch in the past would be a remote control. If the rules today also applied the same in the past then technology would be in trouble. I believe things should be able to look similar and react similar to compete. Look at all the tvs in the past. Many looked similar and had similar remote controls. It helped compitition.

I'm not one to hate but I'm getting really frustrated about all this that I read on a daily basis. Apple sues Samsung, Apple sues Microsoft, Apple sues Motorola, Apple sues Google, Apple sues grocery stores selling apples.

drazgoosh said,
I'm not one to hate but I'm getting really frustrated about all this that I read on a daily basis. Apple sues Samsung, Apple sues Microsoft, Apple sues Motorola, Apple sues Google, Apple sues grocery stores selling apples.

You do realize that this is only because this website is flooded with Apple-haters, right?
It's not like Apple is the only company suing somebody else on any given day.

I'd agree that these lawsuits would be really silly if they all got shot down (aka Apple suing just for the hell of it), but that's not the case. They have a legit basis and are doing everything within their rights. People are just sour about these because Apple is the "enemy"...

Astra.Xtreme said,

You do realize that this is only because this website is flooded with Apple-haters, right?

You do realize that It could be said the other way around, right? It's like chicken and eggs problem. LOL

drazgoosh said,
I'm not one to hate but I'm getting really frustrated about all this that I read on a daily basis. Apple sues Samsung, Apple sues Microsoft, Apple sues Motorola, Apple sues Google, Apple sues grocery stores selling apples.

There has been cases against Apple recently too, they of course, didn't get as much publicity though.
And when did Apple sue Microsoft?

As for haters, not really what it's about, all sites are flooded by haters for both sides, non of which are very likely to actually have a good reason for hating

I don't get why Apple thinks it owns the concept of a tablet when in reality tablets had existed years before they even thought of making the iPad...

MASTER260 said,
I don't get why Apple thinks it owns the concept of a tablet when in reality tablets had existed years before they even thought of making the iPad...

They don't, but they do own the design of the iPad. Samsung could have made a tablet looking much less like the iPad, HTC and Acer could so...

i think apple should sue motorola out of existance.. and the quit suing people..

Imagine if Henry ford was still alive today..

SharpGreen said,
This one isn't even vaild. Not only is the Xoom smaller, the 3G version is even a different color.

And the Galaxy Tab 10.1 is slightly bigger and have a plastic back instead of aluminium, doesn't make a difference though, they still look very alike which is what is the whole problem here.

yowan said,
Why is Apple so jealous of companies making better products

Well why are other companies so jelous about Apples design? They got to be right? When so blatantly copying it I mean, the courts agree so it's hard claiming it isnt a similar design now...

I'm sorry, but this behavior is anti-competative, have the majority market share, then do everything you can to prevent others from selling similar devices even though slates have been around since 2002? please!

Stewart Gilligan Griffin said,
I'm sorry, but this behavior is anti-competative, have the majority market share, then do everything you can to prevent others from selling similar devices even though slates have been around since 2002? please!

Well, Apple is pretty anti-competitive... I'm waiting for them to get hit with an anti-trust investigation at some point honestly.

Stewart Gilligan Griffin said,
I'm sorry, but this behavior is anti-competative, have the majority market share, then do everything you can to prevent others from selling similar devices even though slates have been around since 2002? please!

Thats not what this is about. It's about things like multi-touch and in Samsung's case, looking too similar to Apple's products. Both are guilty really, which is why Apple is going after them.

Pc_Madness said,

Thats not what this is about. It's about things like multi-touch and in Samsung's case, looking too similar to Apple's products. Both are guilty really, which is why Apple is going after them.

It's not like there's a lot of other options available when designing a tablet. It's thin and has rounded corners, you can't patent such a ridiculously easy design.. is what i would like to say, but in the US you can patent anything so meh.

http://i993.photobucket.com/al...OMPAQ%20TC1000/100_0383.jpg

HP should sue Apple.

Twisp said,

It's not like there's a lot of other options available when designing a tablet. It's thin and has rounded corners, you can't patent such a ridiculously easy design.. is what i would like to say, but in the US you can patent anything so meh.

http://i993.photobucket.com/al...OMPAQ%20TC1000/100_0383.jpg

HP should sue Apple.

Exactly. It's absurd. Should they have made the tablet round? Maybe I should patent that. At some point someone will HAVE to make one that's round because they're run out of unpatented form factors...

Twisp said,

It's not like there's a lot of other options available when designing a tablet. It's thin and has rounded corners, you can't patent such a ridiculously easy design.. is what i would like to say, but in the US you can patent anything so meh.

http://i993.photobucket.com/al...OMPAQ%20TC1000/100_0383.jpg

HP should sue Apple.

It's not the tablet design so much as it is the phones
http://www.engadget.com/2011/0...parts-in-2010-faces-strong/
Engadget have a great picture comparing the two which I think will get them in trouble. I imagine the tablet stuff is more multi-touch related.

Twisp said,

It's not like there's a lot of other options available when designing a tablet. It's thin and has rounded corners, you can't patent such a ridiculously easy design.. is what i would like to say, but in the US you can patent anything so meh.

http://i993.photobucket.com/al...OMPAQ%20TC1000/100_0383.jpg

HP should sue Apple.


Yes, a tablet will be a slate with a touchsreen, but you can make a unique design, look at the HTC Flyer or the Acer Iconia tablets, look nothing like the iPad.

HP could probably say something about the white iPad yes kinda similar.
Not sure what courts would say though, it's an old tablet from HP versus the best selling tablet.
In this case it's the best selling tablet against a few lookalikes from other companies...

This is ridiculous. Apple truly believes that it invented the tablet computer. And they're trying to sue every other major competing tablet out of existence. It's just plain immoral and has to stop. Would they like it if Microsoft sued them for all their tablet work that has existed at least a decade prior to the iPad? No, they wouldn't. Fact is, Apple is acting like a child trying to claim what isn't his through his misinformed sense of status in the technological world. Microsoft needs to remind them who REALLY invented the tablet computer and who's patents Apple is breaching. I'm sure if Apple can sue over rounded corners and other BS, then Microsoft and others cab sue Apple for pretty much anything slightly more relevant. The sky is the limit here, and all Apple's doing is making the entire industry form an alliance against them. I'd say their biggest threat is Microsoft, whom they've ripped off so many ideas and innovations from. They're only covered by a patent sharing agreement with Microsoft, but once that runs out...

Even then, I'm sure Microsoft won't do that to Apple. It's just not their style. Sometimes I wish they could play dirtier again like they used to, because Apple really needs to get that slap on wrist. This news is just crazy. And it makes me wonder: if they can ban tablets, what's next? Samsung Galaxy S? All Android handsets?

PlogCF said,
And it makes me wonder: if they can ban tablets, what's next? Samsung Galaxy S? All Android handsets?

Any device that can wirelessly make and receive phone calls

PlogCF said,
And it makes me wonder: if they can ban tablets, what's next? Samsung Galaxy S? All Android handsets?

Any device that can wirelessly make and receive phone calls

They aren't simply going after tablets, they are going after the Galaxy Tab and now when knowing courts agree with them the Xoom. Why? Because they use a very similar design, the Galaxy Tab even have a similar dock connector instead of micro usb and similar packaging.

They wont go after HTC or Acer, their tablets look very unique compared to the Galaxy Tab and Xoom.

Apple sucks. End of discussion. They're trying to stifle competition, and they should get slapped into last century by someone soon.

SirEvan said,
Apple sucks. End of discussion. They're trying to stifle competition, and they should get slapped into last century by someone soon.

on what grounds do they suck? products? marketing? bad customer service? whats your point?

dimithrak said,

on what grounds do they suck? products? marketing? bad customer service? whats your point?


They're not letting the competition have a chance at the tablet market. That's a dick move right there.

XMac said,

They're not letting the competition have a chance at the tablet market. That's a dick move right there.

Yes... A dick move, indeed. Our parent system needs to be highly simplified and judges need to be empowered to throw out ridiculous cases like these.

dimithrak said,

on what grounds do they suck? products? marketing? bad customer service? whats your point?

Their constant attacks on other companies for dumb stuff. It's already been stated that they have more money than the US Gov't, their stock prices are going up, Apple needs to lay off suing every man, woman, child, dog, company, etc.

If you deny Apple is being ridiculous than you must be drinking the koolaid at the church of jobs, because they are out of control. There is a point where you go from being competitive to being anti-competitive. At what point do YOU draw the line? When Apple is the ONLY manufacturer of tablets/cellphones/computers/keyboards/mice? Will you say enough is enough when Jobs tries to patent electrons and then sue everyone electronics manufacturer out there?

Edited by SirEvan, Aug 10 2011, 8:54pm :

SirEvan said,

Their constant attacks on other companies for dumb stuff. It's already been stated that they have more money than the US Gov't, their stock prices are going up, Apple needs to lay off suing every man, woman, child, dog, company, etc.

If you deny Apple is being ridiculous than you must be drinking the koolaid at the church of jobs, because they are out of control. There is a point where you go from being competitive to being anti-competitive. At what point do YOU draw the line? When Apple is the ONLY manufacturer of tablets/cellphones/computers/keyboards/mice? Will you say enough is enough when Jobs tries to patent electrons and then sue everyone electronics manufacturer out there?

Get your facts straight... This is not Apple's fault at all...
Have they broken the law? No.
The only thing you can possibly plead is that the patent system is so screwed up to the point of allowing stuff like this to happen.
Apple has every right to protect their patent and block other companies from profiting off their property.

The articles here on Neowin about this are so vague that it gives too many people the permission to say unintelligent/wrong things. First read about how the patent system works in this country, and then read about what patents Apple holds. Apple doesn't hold the patent to the "general tablet", so anybody that says so is completely wrong. There are a billion ways to design a tablet and it's interface, but if specifics are clearly "copied", then they should expect a lawsuit.

What would be the point of getting a patent if other companies can look past it and make a profit? That's exactly what's going on here. Who cares if it's Apple involved. It can and does happen to anybody. A few too many ignorant Apple-haters running around here...

Hackersoft MS MVP said,
blah blah blah.... There are a billion ways to design a tablet and it's interface,....
for example?

Would you like me to draw you a picture?
Or you could just use some common sense...
Is there only a few ways to design something (anything)? Ummm, no...

Astra.Xtreme said,

Get your facts straight... This is not Apple's fault at all...
Have they broken the law? No.
The only thing you can possibly plead is that the patent system is so screwed up to the point of allowing stuff like this to happen.
Apple has every right to protect their patent and block other companies from profiting off their property.

As much as I hate the way Apple is going about this that is exactly right. They are exploiting the flaws in the system to their advantage. The upside here is if they do manage to block competition from the smartphone and tablet market and someone like the FTC grows a pair of balls and actually smacks them with the anti-trust bat they will fall from their tower.

IMO Apple is making a major mistake by not at least trying to work with the competition to license use of their patents, or allow some competition. They are flying way to close to the sun and might get burnt. And since they haven't diversified as much as the other companies around them they could fall pretty damn far.

two points:

1) "this country" -> if you haven't realised that this issue is above just the United States, you are part of the reason why the rest of the world thinks Americans are stupid.
2) "Your opinion on patents is misinformed, mine is right" -> though i agree that you encompass a more deeper view on the law, the argument isn't what the law is, its that the law is wrong. Apple has a patent for the look and feel of the iPad, does this mean that all non-Apple tablets have to be round, spherical, cylindrical or some other contorted shape? Just think about it... Patents were designed to protect highly specialised solutions to technical problems, not to be the basis of eliminating competition. We would all be using vacuum tube computers that were the size of a room if the same sort of approach to patent law was taken up at the advent of computers.

Jack Musick said,

Yes... A dick move, indeed. Our parent system needs to be highly simplified and judges need to be empowered to throw out ridiculous cases like these.


1. This isnt about patents at all.
2. This is in Europe currently so definetly not patent related.

Apple are going after companies that used a very similar design, after the courts saying the are right about the Galaxy Tab it's understandable they go after the Xoom.
They'll never touch the HTC Flyer or the Acer Iconia tablets, they have unique looks.

Also, this isn't hindering competition, these tablets barely sell compared to the iPad likely doesn't have anything to do with it. Heck Apples lawyers probably doesn't care much about sales or competition, they're just doing their jobs...

Wow, I honestly hadn't heard that Apple got the injunction against Samsung... And without Samsung even getting the opportunity to argue their own case? Clearly someone's in Apple's pocket...

M_Lyons10 said,
Wow, I honestly hadn't heard that Apple got the injunction against Samsung... And without Samsung even getting the opportunity to argue their own case? Clearly someone's in Apple's pocket...

Samsung has the possibility to appeal the decision.

bankajac said,
So, Apple has patent in the tablet and no one else can make one?

Apple has the patent for the smartphone too, those HTCs running Windows Mobile in 2006 were just figments of your imagination.

thealexweb said,

Apple has the patent for the smartphone too, those HTCs running Windows Mobile in 2006 were just figments of your imagination.

Actually Palm has the patent for the smartphone...

bankajac said,
So, Apple has patent in the tablet and no one else can make one?

No, no patents involved here. It's just a case of design, look.
Apple will never touch HTC and their Flyer or Acer and their Iconia series, those unlike Samsungs and the Xoom have very unique looks.

Not sure they have much of a case with the Xoom though, well it's less of a case than the Samsung, this on isnt quite as similar and their not using a similar dock connector or packaging either as far as I know.

Maybe Apple should sue HP too for introducing a similar looking tablet back in 2002? the HP Slate TC1000 maybe? when you detached the keyboard looked a lot like an ipad does now

Stewart Gilligan Griffin said,
Maybe Apple should sue HP too for introducing a similar looking tablet back in 2002? the HP Slate TC1000 maybe? when you detached the keyboard looked a lot like an ipad does now

LOL Everything looks like an iPad through Joggles...

Unix2 said,
Apple is now so big and powerful that not one can stop it. Apple is now the new Microsoft in the IT world.

I think that you would find, if you look over Apple's market share statistics, that Apple is neither big nor powerful in any market other than tablets. The market for tablets is still highly underdeveloped, and Apple will never command a large marketshare in desktop or phone markets. The desktop market is too domineered by microsoft from an enterprise perspective, and as long as businesses will use windows based pc's because of their relative ease with permissions and domains, the majority of users will use window's based pcs. In the phone market, apple's one-phone-a-year cannot compete against the myriad of handsets from RIM, or that are Android or WP based.

Next time before making a very large biased statement check your facts and try to look deeper than just the hype or which company the most people wet their pants over.

Unix2 said,
Apple is now so big and powerful that not one can stop it. Apple is now the new Microsoft in the IT world.

ROFL LOL LOL and LOL again. ha ha ha ha thats so funny. Great Joke Not saying Apple is krap. but what you saying is