Apple injunction against Galaxy Tab upheld in Germany

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 back in the Tablet PC days could come back into fashion?

[FOSS Patents]

Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, Review, The TV Show, Vector, ZEN & TECH, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

More Posts

 

0
loading...
0
loading...
0
loading...
0
loading...

← Previously

Lowe’s equipping its staff with 42,000 iPhones to improve customer service

Next up →

Radio Shack preparing to offer Verizon iPhone 4

There are 12 comments. Add yours.

Asdollah Mirza says:

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!

fastlane says:

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

johncblandii says:

I think Rene's job is Android coverage. :-D lol

Asdollah Mirza says:

The name change is up next Rahab : ReneAndHisAndroidBlog ( sounds like an Arabic month or food if you ask me )

johncblandii says:

LMBO @ handles. :-D
I hope Samsung pulls through this one.

Jonatan Nahuel says:

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

tazh89 says:

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

tazh89 says:

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

Asdollah Mirza says:

I wonder which one is worse, patent troll or tipb troll LOL

FlopTech says:

Trolls with no agenda (like tazh89) are harmless. And they only serve to generate more traffic to TiPb, which is a pro-Apple site. And more traffic to pro-Apple sites is a good thing. Thanks tazh89!
"Concern trolls" can be more dangerous, but usually not. None of us will be swayed from pro- to anti-Apple by just a few posts. ("Undecided" voters can be, however.)
http://en.wikipedia.org/wiki/Troll(Internet)#Concerntroll

FlopTech says:

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.
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.