Apple Wins Permanent Ban on Samsung Galaxy Tab 10.1 in Germany

Apple vs Samsung logo

Last month, Apple won a preliminary injunction granted by the German court to block the Samsung Galaxy Tab 10.1 in the entire European Union except for Netherlands. Earlier this week,  Apple successfully got Samsung to  pull  the Galaxy Tab 7.7 from a German trade show floor after a court injunction forced Samsung to cease promoting its newly unveiled tablet. Today, a new ruling from a court in Dusseldorf confirms the previous, the previous temporary decision to ban sales of Samsung’s 10-inch tablet.. In Friday’s decision, the court said that the Galaxy Tab 10.1 looks too much like Apple’s iPad, according to Bloomberg.

“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible,” Presiding Judge Johanna Brueckner-Hoffman said in the verdict. In addition, he also said that    “For the informed customer there remains the predominant overall impression that the device looks” like  the design Apple has officially filed for ownership of in Europe.

The ban applies across the European Union to Samsung’s German sales unit. Meaning that Samsung Germany cannot sell the Galaxy Tab 10.1 in its home country or anywhere else across the EU. However, the  court cannot stop Samsung from selling the device through other avenues in other EU countries.

In addition, the court didn’t compare the Galaxy Tab 10.1 with an actual iPad,  but instead focused on a design that Apple filed with the European Union. The court found that Samsung’s tablet didn’t differentiate itself enough from the iPad 2.

Yesterday, Apple sued  Samsung again in Japan over iPhone and iPad patent violations.  In addition, Apple has also  filed  patent disputes against HTC. If Samsung wasn’t really infringing on Apple’s intellectual property, what’s the cause for so much hoopla?

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>