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Samsung GALAXY Tab 10.1 still banned in Germany; EU examining Samsung's patents

Posted: , by Alan F.

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Samsung GALAXY Tab 10.1 still banned in Germany; EU examining Samsung's patents
The Düsseldorf Higher Regional Court has upheld the ban in Germany of the Samsung GALAXY Tab 10.1 but also added that the Samsung GALAXY Tab 8.9 falls within the scope of the ruling. The Korean based manufacturer has already worked around the injunction by making changes to the original model and re-introduced it as the Samsung GALAXY Tab 10.1N. Apple has tried to have that tablet banned, but to no avail. The decision made on Tuesday  was based on a violation of German unfair competition law instead of the original community design that the original ruling was based on.

Florian Mueller of FOSS Patents says that the ruling is "a mixed bag" for Apple. Since Samsung already has been allowed to sell the GALAXY Tab 10.1N, the decision will not affect Samsung commercially, and a full proceeding still needs to take place. It is at this proceeding that Apple's design patent will come into play. Mueller says that design-related infringements are easier to workaround, as has been shown with the re-designed GALAXY Tab 10.1.

Additionally, the European Commission announced that it is looking into Samsung's use of its patents. The EC said, "The European Commission has opened a formal investigation to assess whether Samsung Electronics has abusively, and in contravention of a commitment it gave to the European Telecommunications Standards Institute (ETSI), used certain of its standard essential patent rights to distort competition in European mobile device markets, in breach of EU antitrust rules." The Korean manufacturer will now face a formal inquiry about its claims that Apple had used its patents without a license. Samsung's patents are considered important to the EU and require FRAND licensing requirements. In other words, when Samsung accused Apple of violating its patents in the EU, it opened up a can of worms.

source: FOSSPatents via GIGaom

9 Comments
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posted on 31 Jan 2012, 13:02 2

1. hunted (Posts: 287; Member since: 21 Sep 2011)


Sammy you make good hardwares & better softwares. Why are you going for another patented design & getting blocked by these stuffs. Come on you can do goo designs like the best Nokia :)

posted on 31 Jan 2012, 13:38 2

2. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Good. Now let's keep it that way :)

posted on 31 Jan 2012, 13:39 7

3. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


Here in Europe we are sick bored by Germany that believes they are the manager of Europe

posted on 31 Jan 2012, 13:48 3

4. jtucker1987 (Posts: 89; Member since: 06 May 2010)


Well that's what happens when you are a productive country.

posted on 01 Feb 2012, 00:17

9. thinking (Posts: 130; Member since: 19 Jan 2012)


Very productive, indeed. So if A and B look similar, in Germany, B may have to call A papa. Very "productive", indeed.

posted on 31 Jan 2012, 15:10 3

5. rf1975 (Posts: 232; Member since: 01 Aug 2011)


They should. Because Germany is the largest national economy in EU. Like US for World.

posted on 31 Jan 2012, 18:27 1

6. jmoita2 (Posts: 930; Member since: 23 Dec 2011)


Ah,those Germans...they won in the end,after all...

posted on 31 Jan 2012, 21:54 1

7. InspectorGadget80 (Posts: 5637; Member since: 26 Mar 2011)


THE HELL WITH EU. what bout the consumers THAT wants to buy the Samsung Galaxy?

posted on 31 Jan 2012, 21:55 1

8. roscuthiii (Posts: 1717; Member since: 18 Jul 2010)


Ah, I see the check cleared finally.

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