Friday, September 9, 2011

German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban

A German court has weighed in on Apple's seemingly interminable patent battle against Samsung, and it isn't looking good for Galaxy Tab users. In a ruling issued today, a Düsseldorf Higher Regional Court upheld last month's preliminary injunction, banning the sale of the Galaxy Tab 10.1 within Germany. Citing the slate's "minimalist, modern form," presiding judge Johanna Brueckner-Hoffmann determined that Samsung's tablet bears a "clear impression of similarity" with the iPad 2, thereby meriting a nationwide ban. "The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer," Brueckner-Hoffmann explained, "other designs are possible." Earlier this week, as you may recall, Apple won a separate injunction against the Galaxy Tab 7.7 in Düsseldorf, though Samsung can still appeal that decision in a lower court. The court stopped short, however, of calling for an EU-wide injunction against the 10.1-inch slate, arguing that "it could only be competent to order a Europe-wide ban for a firm headquartered outside the European Union if this firm has a German subsidiary." Samsung, meanwhile, plans to appeal the ruling in a higher court, with a company spokesman issuing a now all-too familiar statement: "We are disappointed with this ruling and believe it severely limits consumer choice in Germany."

German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban originally appeared on Engadget on Fri, 09 Sep 2011 07:05:00 EDT. Please see our terms for use of feeds.

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