German court upholds Samsung Galaxy Tab 10.1 injunction

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

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GALAXY Tab 10.1
  • Display 10.1" 1280 x 800 pixels
  • Camera 3 MP / 2 MP front
  • Storage 32 GB
  • Battery 6800 mAh

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120 Comments

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.

4. kainy

Posts: 165; Member since: Aug 10, 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.

36. The_Miz

Posts: 1496; Member since: Apr 06, 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.

49. jbash

Posts: 345; Member since: Feb 07, 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

83. The_Miz

Posts: 1496; Member since: Apr 06, 2011

Lol, touche

95. remixfa

Posts: 14605; Member since: Dec 19, 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.

101. Lucas777

Posts: 2137; Member since: Jan 06, 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

109. remixfa

Posts: 14605; Member since: Dec 19, 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.

72. 530gemini

Posts: 2198; Member since: Sep 09, 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 :)

2. whattheheck unregistered

This is a global disgrace. SMH!!

42. corps1089

Posts: 492; Member since: Jan 20, 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?

113. darkkjedii

Posts: 30960; Member since: Feb 05, 2011

Lmao! Good one

88. cheetah2k

Posts: 2211; Member since: Jan 16, 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 :)

114. darkkjedii

Posts: 30960; Member since: Feb 05, 2011

Unfortunately yes. Especially in europe :(

3. Tre-Nitty

Posts: 470; Member since: Nov 16, 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.

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.

73. 530gemini

Posts: 2198; Member since: Sep 09, 2010

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

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.

5. Sniggly

Posts: 7305; Member since: Dec 05, 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.

37. The_Miz

Posts: 1496; Member since: Apr 06, 2011

Here's some tissues to cry about it.

71. ilia1986 unregistered

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

74. 530gemini

Posts: 2198; Member since: Sep 09, 2010

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

84. The_Miz

Posts: 1496; Member since: Apr 06, 2011

It's the legendary Mr. Cocker.

7. remixfa

Posts: 14605; Member since: Dec 19, 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.

81. stealthd unregistered

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

94. remixfa

Posts: 14605; Member since: Dec 19, 2008

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

8. Kjayhawk

Posts: 294; Member since: Oct 07, 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.

9. pongkie

Posts: 663; Member since: Aug 20, 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.

10. ilia1986 unregistered

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

75. 530gemini

Posts: 2198; Member since: Sep 09, 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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