Wow, Apple actually got Samsung’s Galaxy Tab 10.1 banned in Germany
The verdict is in. German consumers won’t soon be able to pick up a Samsung Galaxy Tab 10.1.
A Dusseldorf court today upheld the temporary sales ban it issued Aug. 9, rejecting Samsung’s bid to overturn it for the most part. The judges won’t ban sales in other European Union countries as Apple had sought, Presiding Judge Johanna Brueckner-Hofmann said when delivering the verdict.
The judge stopped at German borders instead of issuing a full EU wide ban but further rulings could see the ban spread.
“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,” Brueckner-Hofmann said. “For the informed customer there remains the predominant overall impression that the device looks” like the design Apple has protected in Europe.
The ruling is a big victory for Apple and as the Verge puts it, “the decision could foreshadow the future of Samsung’s Galaxy Tab 7.7 and, honestly, any number of rectangular-shaped tablets in Germany as well.”
FOSSPatents mentions some other “oddities” which could play a role in the widening scope of the case:
The Community design that the Düsseldorf Regional Court deems valid and infringed was also presented by Apple in its Dutch proceeding, but a judge in The Hague threw it out.
If the face of the Galaxy Tab is what is at issue, it isn’t Samsung that is at fault, it is Android. Cross-posted at 9to5Google.
