Print 16 comment(s) - last by Solandri.. on Feb 3 at 7:52 PM

Samsung was able to lift the ban in Australia, but not Germany

It looks like we can chalk this up as another win for Apple in the seemingly never-ending legal battle between Apple and Samsung. A Düsseldorf court in Germany ruled that Samsung still cannot sell its original Galaxy Tab 10.1 in Germany.

The patent war between Apple and Samsung started back in April 2011 when Apple said Samsung copied the iPhone and iPad with its Android-based smartphones/tablets like the Galaxy S 4G, Epic 4G, Galaxy Tab 10.1 and Nexus.

Apple made it a point to launch several lawsuits against Samsung all over the world in an effort to ban Samsung's smartphones and tablets in certain countries. Apple was successful in banning the Galaxy Tab 10.1 in Australia and Germany, but Samsung fought back and was able to lift the ban on its tablet in Australia in December 2011.

Now, Samsung has been working on lifting the ban in Germany as well, but the effort proved to be unsuccessful. It was announced today that a higher regional court in Düsseldorf, Germany ruled that the ban on Samsung's older version of the Galaxy Tab 10.1 will not be lifted.

After the ban, Samsung had modified its Galaxy Tab 10.1 in order to sneak around the issues associated with the ban, and created the Galaxy Tab 10.1N as a result. The 10.1N can be sold in Germany, but Samsung is having a hard time getting the German courts to allow the older version to be sold once again.

This marks Samsung's second loss for this month. Two weeks ago, Judge Andreas Voss of the Mannheim Regional Court in Germany ruled that Samsung's claim regarding Apple's 3G/UMTS wireless communication patent violation was not valid.

The loss hurts not only Samsung, but Google as well, who developed the Android mobile operating system for Samsung's hardware.

Source: Reuters

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If you're curious what they changed
By Solandri on 1/31/2012 5:05:45 PM , Rating: 3
Galaxy Tab 10.1 vs. 10.1N

If that's all the difference needed to avoid Apple's design patent, I don't understand why the different screen aspect ratios (4:3 vs. 16:10) wasn't enough in the first place.

RE: If you're curious what they changed
By Camikazi on 1/31/2012 5:41:14 PM , Rating: 2
Wait the difference is pretty much just rim around the edge and a darker color? Also if the tablet always said SAMSUNG right on it how could they even suggest that anyone would mistake it for an Apple iPad? Not to mention the fact that they aren't even the same shape because of the aspect ratios, I really don't even see why this ban went through :/

RE: If you're curious what they changed
By testerguy on 2/1/2012 3:40:00 AM , Rating: 2
Funny you should say that. The Apple lawyers held up an iPad and a Galaxy Tab in the court case. The Samsung lawyer could not point out which one was which.

By Camikazi on 2/1/2012 4:39:53 AM , Rating: 3
How far away? if from a distance then it can be difficult, just like if you hold a few smartphones up from a distance it can be hard to see which it which. If it was from up close only a moron can confuse them, and up close is where most will see them. You should go try it, take 5 smartphones that are about the same screen size and have someone hold them up and try and name them from a distance. Knowledgeable about phones or not it will be difficult because most all phones are black and the same basic shape.

By Solandri on 2/3/2012 7:52:45 PM , Rating: 2
Funny you should say that. The Apple lawyers held up an iPad and a Galaxy Tab in the court case. The Samsung lawyer could not point out which one was which.

1) It was the judge who held up both tablets, so you're probably talking 15-20 feet away. Tablets are exceedingly difficult to use from 15-20 feet away, so it's highly unlikely any user would have suffered similar confusion.

2) She covered up the distinctive Home button on the iPad with her hand. I'm guessing they were turned off and/or she also held one or both at an angle, as the different aspect ratios of the two devices is a pretty obvious giveaway.

3) Two of the Samsung lawyers were unable to immediately point out which was the Galaxy Tab. The third was able to identify it correctly after a bit of scrutiny.

4) The judge eventually denied Apple's request for a sales injunction based on their design patent.

Good to see...
By Motoman on 1/31/2012 9:16:52 AM , Rating: 4
...that Germany's judicial system is just as corrupt as ours.

RE: Good to see...
By HrilL on 1/31/2012 10:36:30 AM , Rating: 2
They seem more corrupt than ours. They've had some of the worst rulings with 3rd party liability with internet service providers. And clearly their judges don't think rationally to come to correct conclusions.

RE: Good to see...
By A11 on 1/31/2012 11:12:16 AM , Rating: 2
In this case isn't the issue the patent office rather than the court?

By Denigrate on 1/31/2012 9:01:04 AM , Rating: 2
I suppose it's a loss, but Samsung is still selling a 10.1 Tab in Germany, so they win in the end.

RE: Loss?
By Tony Swash on 1/31/12, Rating: -1
RE: Loss?
By JasonMick on 1/31/2012 9:34:39 AM , Rating: 2
Samsung are also under investigation by the EU for misuse of FRAND patents

See here for a definition of FRAND

and here for some background analysis

Yep, just finished a piece on that, should be up in a few. Enjoy. :)

But as for your source links, you might as well post Gruber up there... Mueller is about as anti-Google as they come.

I give him that he follows the cases carefully, but he might as well be getting funded by Apple and Oracle, because he's almost never criticizes those companies, always criticizes Google and its partners.

But even Mueller has of late been critical of Apple's broad design claims. Shows you just how ridiculous they are.

At the end of the day Apple may end up removing some minor animations from Android, but that is essentially immaterial and should have no impact on Android sales.

The worst damage to any Android phonemaker may come in the form of an EU fine for retaliating.

It's kind of like in the NFL when players get in a fight -- it's not always the instigator who gets the flag. Samsung shouldn't have sunk to Apple's level -- now it may pay the price.

RE: Loss?
By testerguy on 2/1/2012 3:42:30 AM , Rating: 2
Are you seriously accusing someone ELSE of bias?

RE: Loss?
By Cheesew1z69 on 2/1/2012 1:56:08 PM , Rating: 1
Are you seriously a retard?

Don't know about the rest of you...
By masamasa on 1/31/2012 3:48:53 PM , Rating: 2
...but I'm sick to death of Apple and their lawsuits.

This site should simply ban anything to do with Apple so we don't have to read about them anymore.

RE: Don't know about the rest of you...
By Pirks on 1/31/2012 4:36:31 PM , Rating: 1
We also should ban all the posts from Jason Mick about RIM, they are so whiny, biased and predictable, let him post about his favorite topic (politics) instead.

By Cheesew1z69 on 1/31/2012 8:28:16 PM , Rating: 2
And you should be banned, that would solve a lot of problems as well...

Better yet, maybe you should get a job and not worry about what others do.

"I'm an Internet expert too. It's all right to wire the industrial zone only, but there are many problems if other regions of the North are wired." -- North Korean Supreme Commander Kim Jong-il

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