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German court upholds Samsung Galaxy Tab 10.1 injunction

Posted: , by Victor H.

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German court upholds Samsung Galaxy Tab 10.1 injunction
The seemingly endless legal fight between Apple and Samsung has taken yet another turn as a German court in the western city of Dusseldorf has upheld the preliminary injunction issued last month banning the Koreans from selling their Samsung Galaxy Tab 10.1 in Germany. The court however didn’t ban sales in the European Union as a whole as it declared itself only competent to rule on a ban across the EU for a company, which has a German subsidiary.

Judge Brueckner-Hoffman explained that the court found a “clear impression of similarity.” The similarity seems to be mostly in the design as both devices were supposedly with a “minimalist, modern form,” and both shared common elements like the flat screen and round edges. This might seem like a rather vague terms to describe a tablet as nearly all such devices after the iPad are made like that. At the same time, there are whispers that other companies producing tablets like Acer and ASUS won’t be sued as their designs are reportedly “totally different.”

Apple has also won another injunction, this time banning sales of the newly unveiled Samsung Galaxy Tab 7.7. The tablet disappeared from IFA 2011. After the confirmation of the Galaxy Tab 10.1 injunction, Samsung issued the familiar "We are disappointed with this ruling and believe it severely limits consumer choice in Germany" comment, while Apple remained silent.

Cupertino is launching a massive offensive on the Korean manufacturer, which - it claims - has “slavishly” copied its devices. Legal action will soon follow in the Netherlands, but also Australia, the United States, and most recently Japan. Now, there certainly is some similarity between those tablets, but is that a valid reason for a lawsuit? Stateside, the pattern system is undergoing a major change, but what’s your opinion - are those the type of patterns that matter? Feel free to also consult our detailed iPad 2 - Galaxy Tab 10.1 comparison to see all the differences yourself.

source: AFP

Image courtesy of Expansys.com

120 Comments
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posted on 09 Sep 2011, 08:50 11

1. ilia1986 (unregistered)


Apple will be remembered as the company who sued Samsung - and then went down because of the public's negative reaction towards it.

posted on 09 Sep 2011, 08:59 6

4. kainy (Posts: 165; Member since: 10 Aug 2011)


Don't think so ... But i think Apple do this because the Galaxy tab is the only real competitor to the iPad and I guess that Apple are defending it's market share by this moves as they have silly design patents they will sue because they basically have the right to do so ... if you ask me I don't like neither the iPad, neither the Galaxy tab. I'm waiting for a Win8 tablet but i think that this is not right, that's not defending intellectualism property but pure milking money... and that's sad.

posted on 09 Sep 2011, 12:03 3

36. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Oh yeah, because Apple being the company with more money in the US than any other company and the US itself means they will go down. How dare Apple sue to protect their products.

posted on 09 Sep 2011, 13:23 6

49. jbash (Posts: 345; Member since: 07 Feb 2011)


its not hard to have more money than the US, I have more money than the US, I'm not trillions in the deficit. =P

posted on 09 Sep 2011, 17:38

83. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Lol, touche

posted on 09 Sep 2011, 21:01

95. remixfa (Posts: 14255; Member since: 19 Dec 2008)


ya, were about to be even more poor with obama demanding that we pass another 500 billion stimulous union spending fund for "job creation". ya know, cuz the last 3 trillion did so much.

posted on 09 Sep 2011, 22:46

101. Lucas777 (Posts: 2137; Member since: 06 Jan 2011)


haha isn't it 200 billion? but i agree.. its sad that obama adds government jobs which are payed by taxes which do nothing at all for the economy.. only private jobs do stuff which he sucks at fixing... we need a businessman as president... and no not steve jobs.. if meg whitman had gotten california and been successful, she could have been a good candidate

posted on 10 Sep 2011, 06:21

109. remixfa (Posts: 14255; Member since: 19 Dec 2008)


im in the "anyone but obama" club right now.. well, except for Bachman who is a lunatic. I'd love Cain to be the nominee. Send a business savy and intelligent (without the teleprompter) black man up against obama. That would scare the bejeezus out of liberals because it would split up the minority vote.

posted on 09 Sep 2011, 16:50 1

72. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@illa....by android fanboys. But the rest of the world will always remember Apple as a company that revolutioned smartphones in 2007 with their iphone, and again revolutionized the tablet with their ipad, and as a tech company that went into oblivion and was able to rise up as one of the world's most poweful and lucrative tech company :)

Oh, and not to forget that they also revolutionized mp3 players with their ipods :)

posted on 09 Sep 2011, 08:54 3

2. whattheheck (unregistered)


This is a global disgrace. SMH!!

posted on 09 Sep 2011, 12:32 2

42. corps1089 (Posts: 492; Member since: 20 Jan 2010)


Yup!
"“minimalist, modern form,” and both shared common elements like the flat screen and round edges"

How can you make a tablet that doesn't fit that description!!!!!!!!!!

~include 4" spikes of razor sharp glass on the touchscreen?

posted on 10 Sep 2011, 09:56

113. darkkjedii (Posts: 22059; Member since: 05 Feb 2011)


Lmao! Good one

posted on 09 Sep 2011, 18:35 2

88. cheetah2k (Posts: 1597; Member since: 16 Jan 2011)


So let me get this straight.. One Judge has the power to make a decision on behalf of millions of consumers...

Thank God for grey imports :)

posted on 10 Sep 2011, 09:58

114. darkkjedii (Posts: 22059; Member since: 05 Feb 2011)


Unfortunately yes. Especially in europe :(

posted on 09 Sep 2011, 08:54 4

3. Tre-Nitty (Posts: 468; Member since: 16 Nov 2010)


Yeah, they wont. Just admit it, Samsung clearly copied Apple in certain things. Take your fanboyism outta of it. The courts are clearly seeing it different than the average consumer. I think Samsung makes great products but this ruling is gonna hurt.

posted on 09 Sep 2011, 09:04 1

6. ilia1986 (unregistered)


Ok.. well I think I'm beginning to see the light here. I now understand that the judge said that the Tab looks a lot like the iPad because of the hardware - and not because of the software - which is obviously totally different. That is because he said that other tablets from Acer or Asus are not similar to the iPad.

Now let me get this straight:

I still think that the G-Tab doesn't look like the iPad at all - and obviously I think that the decision to ban it in Germany is wrong - but it IS a relief that that judge is not completely blind - and he recognizes the fact that Android looks absolutely nothing like iOS - unlike Apple which continues to be ignorant as ever.

posted on 09 Sep 2011, 16:52

73. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@illa. The light that you're seeing are fires from hell, coz that's where haters like you are heading to, bwahahahahaha

posted on 10 Sep 2011, 03:39

103. ilia1986 (unregistered)


Right.... Hell is where Apple is heading to, you ignorant stupid troll.

Oh but I worry not. Now that we know that even the most Apple-biased judge in the world recognizes that Android\TouchWiz is nothing like iOS - Apple will not have any further luck in other stupid injunctions vs other manufacturers.

posted on 09 Sep 2011, 09:01 7

5. Sniggly (Posts: 7305; Member since: 05 Dec 2009)


Bulls**t decision. Apple's design is too minimalistic to ban anything that looks similar to it. This is also where Apple tried to muck with appearances by scaling down the Galaxy tab.

No matter though. Even if Apple wins right now, Samsung will still come back with new products, because they spend more money on R&D than litigation.

posted on 09 Sep 2011, 12:10 7

37. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


Here's some tissues to cry about it.

posted on 09 Sep 2011, 16:45 3

71. ilia1986 (unregistered)


Here is some brain tissue to put in your head. Oh wait - incompatible with Apple hardware. iForgot.

posted on 09 Sep 2011, 16:53

74. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@illa. He doesn't need a tissue. Apple was victorious remember? Oh well, maybe for his tears of joy :)

posted on 09 Sep 2011, 17:38

84. The_Miz (Posts: 1496; Member since: 06 Apr 2011)


It's the legendary Mr. Cocker.

posted on 09 Sep 2011, 09:06 6

7. remixfa (Posts: 14255; Member since: 19 Dec 2008)


another crap decision. The galaxy tab looks identical but other tablets look totally different? Sorry but no android tablet looks like an ipad.. they all use different aspect ratios.. but most android tablets look similar to eachother. Its just the nature of the game.


If i were samsung I would go back to the factories and make a minor modification to the outter case.. maybe put a notch in it or something, then start selling that. Let apple sue over old designs while u sell the new ones.

posted on 09 Sep 2011, 17:25 1

81. stealthd (unregistered)


Keep pretending the aspec ratio makes it look completely dissimilar. Anyone with eyes can tell it doesn't.

posted on 09 Sep 2011, 21:01 1

94. remixfa (Posts: 14255; Member since: 19 Dec 2008)


ya.. one is a square.. one is a rectangle.. totally the same.

posted on 09 Sep 2011, 09:12 3

8. Kjayhawk (Posts: 293; Member since: 07 Oct 2010)


WOW Phonearena... Took a while for you to get this story up...

The Tab did resemble the ipad, no doubt. But to say they have the same minimalist design is pretty stupid. hopefully samsung will now create better designs. Lets be honest that button in the middle is just plain f**king stupid.. I don't think the galaxy tab had that button but still that s**ts got to be fixed.

Oh s**t this chicks about to die!!! oh man shes in the water rookie mistake indeed shes got some nice batch so I mean its cool. You can defiantly tell this was filmed in a pool, But still i would f**k the chick and the dead chick they fine as hell. like before she died not now shes all white and blue not cool you know. sorry watching a movie.

posted on 09 Sep 2011, 09:12 3

9. pongkie (Posts: 634; Member since: 20 Aug 2011)


Germany is missing......SAD

Apple can sue & win over every competition out there but in the end they will destroy themselves. People LOVE choices, if you don't have one you'll get tired of what you have. Its just human nature.

posted on 09 Sep 2011, 09:16 1

10. ilia1986 (unregistered)


Unfortunately, iSheep tend to be ignorant enough to not realize this.

posted on 09 Sep 2011, 16:55

75. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@illa. While android fanboys just don't know when to accept defeat and would rather look dumb denying Apple's victories :)

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