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  (Source: LucasFilm, Ltd.)

The Galaxy Tab 10.1 (left) and the iPad 2 (right) aren't the same shape and the iPad 2 has an extra button. But a German court has rule Samsung's device is guilty of infringement, granting Apple exclusive rights to make modern tablets.  (Source: PDF Devices)
Apple is only company that can make minimalist rectangular tablet designs in Germany

A trade court in Dusseldorf, Germany has found Samsung Electronics Comp., Ltd.'s (SEO 005930) guilty of violating Apple, Inc.'s (AAPL) patented design, which is featured in the iPad.

I. Only Apple Can Make "Minimalist" Tablets

Presiding Judge Johanna Brueckner-Hofmann remarked upon delivering the verdict, "The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible. For the informed customer there remains the predominant overall impression that the device looks."

Apple filed a patent on the design of the iPad with European Union intellectual property agency in Alicante, Spain.

At first glance you'll notice significant differences between the iPad 2 and Galaxy Tab 10.1, Samsung's primary competitive product.  The two devices are different aspect ratios (e.g. their rectangular faces are different) and the Samsung device has no physical face buttons (Apple has a single "Home" button).

But the German court's ruling appears to state that Apple owns sole rights to "minimalist" tablet designs.  According to Apple's patent [Scribd], a "minimalist" design is any thin rectangular tablet, with few buttons on its face.

Ultimately, this ruling seems to indicate that Apple has sole rights to make ~10-inch tablets in Germany.  While a competitor in theory could make a rival design, it would have to:

a) Have an abundance of physical buttons on the face

b) Be substantially thicker or heavier than the iPad

c) Not be a rectangle (e.g. a circular tablet)

Of course options 'a' and 'b', would seem undesirable to most customers as customers desire thin, lightweight devices which they interact with primarily through the touchscreen, not clunky physical buttons.  And option 'c' would likely be unfeasible with current screen designs.

Apple has already secured a second preliminary injunction banning sales of the Galaxy Tab 7.7 in Germany.  A preliminary injunction requires significant proof that the claims of infringement are winnable.  Thus it seems likely that the German court will also ban the Tab 10.1's diminutive brethren.  Such a ruling would extend the above principles to all sizes of tablets.

II. Apple Granted Effective Monopoly in Europe's Third Largest Market

The German court made it abundantly clear that the ruling was based solely on the design.  States Brueckner-Hofmann, "The crucial issue was whether the Galaxy tablet looked like the drawings registered as a design right. Also, our case had nothing to do with trademarks or patents for technology."

The Germany case was marked by controversy in which it was revealed that Apple altered the images of its competitor's design in the case filing, via a software tool like Photoshop, making them look more iPad-like.  The judge in the case, however, claimed to the BBC that the actual devices were viewed in making the decision and that the altered images had no impact on the case.

Samsung is seeking an expedited appeal in Oberlandesgericht Düsseldorf (Higher Regional Court).  Typically such appeals take anywhere from 2 to 6 months.  In the meantime it cannot sell its 10-inch tablet in Germany.

The ruling is a drastic departure from the recent Netherlands ruling, in which a Dutch judge threw out Apple's claims that Samsung infringed on the patent, stating that those claims were categorically false.  Sales of the Galaxy Tab 10.1 were briefly suspended for a minor infringement found in the scrolling mechanism of Android's Gallery app.  However, they are expected to resume shortly.

Germans can of course drive to the Netherlands and buy Galaxy Tab 10.1s, but that requires a bit of a road trip.  The German tablet market is estimated by Strategy Analytics analyst Neil Mawston to generate 2.4 million tablet sales in 2011.  That makes it Europe's third largest tablet market behind the U.K. and France.  
 

Apple is currently hoping to defeat its Android rivals with lawsuits in the U.S., Australia, Japan, and South Korea [1][2][3][4][5][6][7].  Android is currently outselling Apple in smartphone sales 5-to-2, and is inching towards Apple in tablet sales.



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This article is over a month old, voting and posting comments is disabled

RE: That's seriously $*@@ed up.
By Pirks on 9/9/2011 1:32:31 PM , Rating: -1
quote:
Samsung's sheer size makes Apple look tiny
Apple's sheer market cap size makes Samsung look tiny


RE: That's seriously $*@@ed up.
By symbiosys on 9/9/2011 4:22:05 PM , Rating: 3
Cap size... wow! Sorry, but do you know anything about companies? At last check Apple was one of the most un-important companies in the world. They solely rely on their iPhone and iPad for revenue.

They have no services. You are seriously brain washed to think that a company such as IBM, HP, Microsoft, etc.. etc... etc... aren't bigger than apple in the way they have money coming in. Apple don't provide any major services for constant income. There was a fantastic article about this and I will find it and reply.

Just know for know that cap size is no indication of a companies worth in human society. Apple have a few products they do well with. Microsoft, Oracle, Dell, HP, etc... etc.. do fantastic at selling thousands of service solutions and products to companies. mmmmm I wonder who's going to be around in the long run?

Apple Servers? Give me a break. HAHA!


RE: That's seriously $*@@ed up.
By Pirks on 9/9/11, Rating: -1
RE: That's seriously $*@@ed up.
By Alexstarfire on 9/9/2011 6:23:45 PM , Rating: 2
The only thing market cap really shows is how confident people are in the company, since it's only the total value of the shares it has sold. It terms of what it means for the company itself it is pretty meaningless. At best it can be used as an indicator, but that's it.


RE: That's seriously $*@@ed up.
By Pirks on 9/9/11, Rating: -1
RE: That's seriously $*@@ed up.
By Xcpus on 9/10/2011 9:19:42 PM , Rating: 4
You Sir are a Douchebag.

The low level of respect that you give to others, the high degree of respect and admiration that you afford yourself as well as your low level of intellect is the exact definition of a Douchebag.

Pirks will henceforth be known as "Monsieur Douchebag"!


RE: That's seriously $*@@ed up.
By Pirks on 9/12/11, Rating: 0
"Death Is Very Likely The Single Best Invention Of Life" -- Steve Jobs














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