Court upholds ban of Samsung Galaxy Tab 10.1 in Germany on new grounds
The decision by the Düsseldorf Higher Regional Court (DHRC) upholds a ruling from last September but does so based on Germany's unique unfair competition law rather than the earlier court's finding that Samsung committed a violation of a Community design.
As such, Apple won't have success replicating the decision in other European countries, according to legal analyst Florian Mueller, as Samsung succeeded in defeating design-right claims by Apple that could have contributed to a broader, more material ruling covering most of the European Union.
Tuesday's ruling applies to both the Galaxy Tab 10.1 and smaller GalaxyTab 8.9 but does not affect the GalaxyTab 10.1N — a modified version of the infringing tablet that Samsung concocted in an attempt to bypass the German ban. That model remains on sale ahead of a formal ruling on the matter by the DHRC expected on February 9th.
Samsung is just one of several mobile device makers that Apple is fighting in courts across the globe over alleged intellectual property violations. It has also sued electronics maker in the United States, other parts of Europe, Australia, Japan and Korea.
Samsung's modified Galaxy Tab 10.1N seen on the left compared to the original model
For its part, Samsung fired back with counter-suits claiming Apple's devices infringe on three of its patents but has so far lost rulings on two of the three, with the final patent to be addressed in a March 2nd ruling.
47 Comments
they are doing the Germans a favor.
So what is their 'unique unfair competition law'?
Because I see it as the difference between selling an iPad 2 and an iPad. Because that's exactly what their designs are based on.
"But that's not what the lawsui?"
Did I say I care about that? Was I talking about that at all? Not in the slightest. Take a look at the devices and you'll see the 10.1 and 10.1N are based on the iPad 2 and iPad, respectively.
It's not enough to just get copycat tablets and phones banned in certain places.
I'd like to see Android shut down and taken out completely. Hopefully Oracle succeeds with their lawsuits soon. Android is all about being cheap, so the best way to hit them and their fanboys where it counts is to make Android too expensive for anybody to bother with it. Microsoft already gets money from many Android devices, if Oracle too can also hit them up for a considerable amount of money for each unit sold, then that will be a good thing indeed.
In other words it business as usual for Samsung in Germany. Just offer the 10.1N that's unaffected by the ban.
It's not enough to just get copycat tablets and phones banned in certain places.
I'd like to see Android shut down and taken out completely. Hopefully Oracle succeeds with their lawsuits soon. Android is all about being cheap, so the best way to hit them and their fanboys where it counts is to make Android too expensive for anybody to bother with it. Microsoft already gets money from many Android devices, if Oracle too can also hit them up for a considerable amount of money for each unit sold, then that will be a good thing indeed.
That really serves no one. This will end with a several cross licensing deals and undisclosed $$$. And then life will go on.