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  (Source: talkandroid.com)
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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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
quote:
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.


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