A new twist has been added to Apple’s (NASDAQ:AAPL) iPad pain in China. Proview International Holdings has successfully put the launch of company’s third-generation tablet in China on hold with an ongoing court case in the country, but a similar lawsuit it filed in California in February has now been thrown out.
Judge Mark Pierce in the Superior Court of the State of California dismissed the suit filed by Proview’s Taiwanese unit, Proview Electronics, which alleged it was deceived when Apple tried to acquire the iPad trademarks from it in 2009. Proview Electronics is the unit from which Apple says it acquired the trademark.
After Proview brought the case to the U.S., Apple argued for a dismissal, saying the two companies had agreed to settle any disagreements in Hong Kong. Judge Pierce agreed with Apple, saying Proview did not provide any evidence that the selection of Hong Kong was “unreasonable or unfair.”
Christopher Evans, a lawyer for Proview, said in a statement that they would appeal and that the decision to dismiss was not based on the merits of the case. “We are looking forward to presenting the facts in the case to the appellate court, and we are confident that the facts will show that Apple fraudulently obtained the iPad trademarks,” the statement said.
Apple continues to stress that it rightfully purchased the iPad name from Proview, with a spokesman saying: “Proview refuses to honor their agreement with Apple in China.”
Proview’s suit against Apple in China’s Guangdong province has gained in profile after continued impasse that has prevented Apple from selling its third-generation tablet in the country. That court has urged Apple and Proview to try to reach a settlement.
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