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Apple injunction against Galaxy Tab upheld in Germany

By , Friday, Sep 9, 2011 at 9:00 am
18

Apple injunction against Galaxy Tab upheld in Germany

As part of the ongoing Apple vs Samsung litigation, German courts have once again upheld the preliminary injunction granted Apple which prohibits Samsung from selling the Galaxy Tab 10.1 -- perhaps all Galaxy Tab products -- in Germany. Samsung can appeal the decision, and Apple could owe them damages for lost sales if it's eventually overturned. Otherwise, according to FOSS Patents it looks like Apple competitors are going to need to visually differentiate their tablets from the iPad if they want to sell them in Germany, and perhaps elsewhere.

Only Samsung is bound by today's decision. However, the asserted Community design has a rather broad scope, a fact that the judge also confirmed at the August 25 hearing. Unless and until someone achieves its invalidation (Samsung is trying, and so is a small German company named Jay-tech), this intellectual property right (IPR) is deemed valid by the Düsseldorf Regional Court and Apple could easily obtain preliminary injunctions against other products infringing that design right, provided that Apple discovers new products and files a complaint within a few weeks of becoming aware of them.

Maybe those handles from the Tablet PC days could come back into fashion?

[FOSS Patents]

Rene Ritchie

Editor-in-Chief of iMore, Executive Producer at Mobile Nations, co-host of Iterate and ZEN and TECH, cook, grappler, photon wrangler.

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  1. Wish all these companies would just get along and focus on working together to bring the best to those who matter the most to them : THE CONSUMERS!

    • Anonymous says:

      You have to give Apple some credit. While some of their attacks are questionable - there is absolutely no doubt that this will push more manufactures to be more innovative in their offerings. It's safe and easy to 'copy' something as successful as the iPhone or iPad...but to have to reinvent the wheel...that should be more exciting and beneficial for everyone.

  2. fastlane says:

    There is now officially more Android and Google articles on this blog than there are iOS and Apple articles.

  3. LMBO @ handles. :-D

    I hope Samsung pulls through this one.

  4. Jonatan Nahuel says:

    Stupid Apple seriously... I used to like the company.

  5. tazh89 says:

    am sure certain tipb writer would love a world where only apple can sell products right...

  6. tazh89 says:

    anyway with patent reform bill being passed...this should stop patent trolls such as apple getting with such ridiculous broad patents...

  7. Anonymous says:

    Apple needs to stop suing like crazy, things are getting out of hand. I am loosing a lot of respect for Apple, and I own a bunch of their products. Let people decide what they want to buy, not courts.

  8. Hey Samsung! Here are two quick fixes:

    1. No more black bezels. Go with mauve, chartreuse, and / or cyan. Apple will never use those colors.

    2. Square corners. Apple stopped designing things with square corners some time in the late 20th century. You're safe with square corners.

  9. Anonymous says:

    I will have to remember if I am ever going to end up in front of a German judge to fabricate evidence. It worked for apple.

  10. plunder says:

    Ultimately, it is the design and utility of the applications - within the capability of the OS that makes a device effective and useful . . . or not. These legal arguments about "appearance" seem to miss that bit; they are, at best, a tactical strike with financial objectives.

    I am an Android user, but I still think Apple have some of the best hardware and utilities in the iPad. Android on tablets suffers from weaker applications, in several areas; and this may be a chronic situation because of the way Android Applications are funded. I feel that the financial engineering behind Apple is far more impressive than their physical products, which are lovely.

    However, the underlying hardware on some android tablets is already stunning. New competitors and products will enter this sector in the next 6-8 months. If Apple want to retain their lead, they will need to work hard at it.

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