Samsung loses in German court: Galaxy Tab 10.1 banned in Germany

Galaxy Tab 10.1
Source: Samsung The Düsseldorf court has upheld the preliminary injunction granted to Apple to stop Samsung selling the Galaxy Tab 10.1 in Germany. The initial preliminary one-month injunction which covered Europe was granted at the start of August. It was scaled back a week later to just cover Germany, and now the court has ruled to maintain that injunction. "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" said presiding Judge Johanna Bruekner-Hofmann adding that the impression the Galaxy Tab 10.1 looks like the design Apple has registered in Europe.

The Düsseldorf court has a developed a reputation for being friendly for patent holders, garnering comparisons with the district court of Eastern Texas. A recent Forbes article suggested that that is why Apple brought the case to that court. The Apple case against Samsung was brought on the basis of a registered community design though, with the judge noting that "our case had nothing to do with trademarks or patents for technology".

Samsung says it will appeal the case as the ruling "severely limits consumer choice in Germany" and "restricts design innovation". Samsung were on the receiving end of another injunction last week when it was forced to take the new Galaxy Tab 7.7 from display at Berlin's IFA consumer electronics show. The Galaxy Tab 10.1 is freely available in other European markets, and the Galaxy Tab 7.7 is expected to follow it into those markets soon.

(djwm)