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

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

Related phones

GALAXY Tab 10.1
  • Display 10.1" 1280 x 800 pixels
  • Camera 3 MP / 2 MP front
  • Storage 32 GB
  • Battery 6800 mAh
GALAXY Tab 8.9
  • Display 8.9" 1280 x 800 pixels
  • Camera 3 MP / 2 MP front
  • Storage 64 GB
  • Battery 6000 mAh

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9 Comments

1. hunted

Posts: 403; Member since: Sep 21, 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 :)

2. 530gemini

Posts: 2198; Member since: Sep 09, 2010

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

3. ivanko34

Posts: 617; Member since: Sep 04, 2011

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

4. jtucker1987

Posts: 89; Member since: May 06, 2010

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

9. thinking

Posts: 130; Member since: Jan 19, 2012

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

5. rf1975

Posts: 264; Member since: Aug 01, 2011

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

6. jmoita2

Posts: 930; Member since: Dec 23, 2011

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

7. InspectorGadget80 unregistered

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

8. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Ah, I see the check cleared finally.

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