Despite a number of recent courtroom victories which have seen Samsung’s Galaxy Tab 10.1 banned in both Australia and Europe, one small Spanish firm has proven Apple doesn’t always get its own way in front of a judge.
The Cupertino computer giant just lost a case against NT-K, which makes Android tablets in Spain, after it pulled the company into court and claimed that NT-K’s device rips off the iPad.
But it was the smaller of the two companies that was triumphant this time around. A FOSS Patents report points to a blog post on NT-K’s website that announces the victory (Google translated):
Needless to clear all the damage it has caused this unjust accusation, both economically and emotionally to our company. We are a small company like many others in these times of crisis we are trying to get ahead, and it seems grossly unfair that a company the caliber of Apple has to use its dominant influence. Parallel to this, start the corresponding civil suit against Apple for consequential damages, lost profits and moral damage.
According to reports, Apple filed its lawsuit against the Spanish firm back in November 2010, several months after the first-generation iPad made its debut, seeking a customs ban on the budget Android device for “copying” the iPad. Spanish customs then seized NT-K’s shipments from China and listed the company on the European Union of product pirates, before Apple made criminal charges against the company a month later.
FOSS Patents’ Florian Mueller believes Apple’s actions against NT-K were “outrageous”:
Considering that this was not a case of product piracy but just a dispute over whether or not Apple has exclusive design rights covering n-tk’s Andoid-based [sic] products, I think it’s absolutely outrageous that Apple tried to attack its rival under criminal law. Having a commercial dispute is one thing, but going down the criminal law avenue is totally unreasonable.
NT-K is now suing Apple for compensation of monetary damages, lost profits, and “moral damages.”