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German court denies Apple an injunction on the Galaxy Tab 10.1N

German court denies Apple an injunction on the Galaxy Tab 10.1N
A court in Dusseldorf, Germany has determined that the Samsung Galaxy Tab 10.1N can be continue to be sold in that country while Apple’s lawsuit heads for trial. Apple had hoped to prevent sales of the device until a permanent ruling was available (which Apple hopes would lead to a permanent sales ban).

The court determined that the 10.1N is distinct enough that consumers were unlikely to confuse it with Apple’s tablets, so it does not infringe on Apple’s EU design patents (referred to as Community Design patents in Europe). This and similar rulings call into question whether design patents will prove to be a significant asset in Apple’s legal attacks on Android phone makers.

Apple will get a chance to make its case during trial, and it’s not inconceivable that Apple could end up winning on one or more of their design patents, but at this point it seems like more of a long shot than it did back when Apple got a preliminary injunction on the original Galaxy Tab 10.1. It also shows that the time and resources Samsung invested on the 10.1N redesign was money well spent.

It also bodes well for Motorola (soon to be Googerola) as Apple is asserting the same design patents against some MMI products – despite the fact that Motorola’s phones and tablets are almost universally considered to be more distinctive from Apple’s products then are Samsung’s.

source: FOSS Patents

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posted on 09 Feb 2012, 12:30 18

1. messiah (Posts: 438; Member since: 19 Feb 2010)

If you can't distinguish the galaxy tab from ipads, you are incapable of distinguishing traffic signals..... good luck with that.

posted on 09 Feb 2012, 12:36 2

2. taz89 (Posts: 2014; Member since: 03 May 2011)

will said.

posted on 09 Feb 2012, 12:56 1

4. gallitoking (Posts: 4721; Member since: 17 May 2011)

I guess Samsung lawyers don't drive them... one of them couldn't distinguish them from a fair distance...

posted on 09 Feb 2012, 13:14 4

5. bvalde09 (Posts: 188; Member since: 22 Nov 2011)

Mmmm I think they are pretty much different. I dont know but I think the way apple presented this on court was stupid. People arent dumb.... Im gonna buy an ipad 2 but I ended up buying a SG Tab. o.O

posted on 09 Feb 2012, 13:28 4

6. taz89 (Posts: 2014; Member since: 03 May 2011)

I think when people are about 2 spend £400+ on a single Item I am more than sure they will make sure they know what they are buying...lol if they looked the same,we would have read somewhere by now that someone brought a tab thinking it was an Ipad but that has happened yet otherwise it would most definitely have been reported also I think people deserve a lot more credit...am sure people know how apple is spelt and Samsung is spelt as it would clearly have there name on the box.

posted on 09 Feb 2012, 13:34 5

7. bvalde09 (Posts: 188; Member since: 22 Nov 2011)

u are so right thats what Im saying I cant picture anyone who would walk into a Store I want an Ipad and end up paying for a SGT. The after a couple of days he start wondering like how do I jailbreak this thing??? Where is the App Store?

posted on 09 Feb 2012, 14:27 1

10. gallitoking (Posts: 4721; Member since: 17 May 2011)

the1st thing I would look in the tab would be the infamous Apple Logo.... and on the box... that came from my 8 year old daughter... ( she didn't say it word for word ok..)

posted on 09 Feb 2012, 14:31 4

11. PAPINYC (banned) (Posts: 2315; Member since: 30 Jul 2011)

Or worse, he'll try to sync it to iToones - lol...

posted on 09 Feb 2012, 16:05 5

13. tedkord (Posts: 13869; Member since: 17 Jun 2009)

Key word - distance. I couldn't tell my LG TV from several other manufacturers models from 50 yards. That doesn't make any of them rip offs.

I might be able to tell an iPad from a Galaxy from 30 feet, but I have 20/18 vision. MANY people couldn't tell them (when turned off) from that distance. Turn them both on, and place them in front of people, problem solved.

I mean, I realize iFans will buy any Apple device sight unseen, so they might shell out money for a product they can only see from 30 feet away, but most consumers are a little closer to the product when they buy it.

posted on 11 Feb 2012, 10:50

16. InspectorGadget80 (unregistered)

Please STOP it for once and stop kissing APPLE ass. Just because it's a touch screen doesn't mean it looks like a iphone

posted on 09 Feb 2012, 12:41 9

3. 9_HeLLs_oF_DrOid (Posts: 127; Member since: 02 Jan 2012)

Patent trolls will be patent trolls. *sigh*

posted on 09 Feb 2012, 14:00 2

8. AndresJ (Posts: 48; Member since: 06 Feb 2012)

I would like to comment liar liar quote slightly altered : Stop suing a*shole.

posted on 09 Feb 2012, 14:23 5

9. PAPINYC (banned) (Posts: 2315; Member since: 30 Jul 2011)

You'd have to be an absolute iDiot to confuse a Samsung Tablet with a kr/Apple tAblet.

posted on 09 Feb 2012, 15:51 3

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

Eat it,Apple!!! LOL!!!

posted on 09 Feb 2012, 16:29 3

14. MorePhonesThanNeeded (Posts: 645; Member since: 23 Oct 2011)

This case lacked common sense in the truest sense. First of if you intend to buy anything before you plunk down your money you would ask the name and brand of the device and always ask which is the better buy for your buck. Considering that you can never buy anything Apple in regular stores you would be hard pressed to mistake an Samsung device for an Apple device because we all know Apple devices usually come with a large crowd situated behind barriers await the device to go on sale. All it takes is one question, "who makes this device?" Courts in Europe are seemingly just as ignorant as one's in the US it seems...!

posted on 09 Feb 2012, 20:53 4

15. andro. (Posts: 1999; Member since: 16 Sep 2011)

its seems the judges are agreeing with everybody who has sense,just because a device is rectangular and has a touchscreen doesn't mean its a copy of an apple product,who'd have figured thats the outcome we have just got?!!!

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