German Injunction in opposition to Sale of Galaxy Tab 10.1 Upheld

FOSS Patents and Bloomberg record that a German court docket has upheld an earlier ruling preventing Samsung from promoting its Galaxy Tab 10.1 in that u . s . following an infringement criticism by using Apple.

“The courtroom is of the opinion that Apple’s minimalistic design isn’t the only technical technique to make a pill pc, other designs are that you can think of,” [Presiding Judge Johanna] Brueckner-Hofmann said. “For the informed purchaser there remains the predominant total impression that the instrument appears” like the design Apple has protected in Europe.

Samsung said it’ll attraction. The ruling “severely limits shopper option in Germany” and “restricts design innovation and progress within the trade,” the company said in a commentary e- mailed after the ruling was issued.

A preliminary injunction in opposition to the sale of the Galaxy Tab 10.1 was once at the beginning granted one month ago and coated just about the entire European Union, however the order was once speedy suspended in practice for all international locations excluding Germany after questions about the court’s jurisdictional authority arose.

FOSS Patentsnotes that Samsung now has two options to overturn the German ban, either a separate quick-monitor case in a better courtroom that might seemingly take just a few months or an computerized continuation of the prevailing case within the decrease court docket right into a full-blown lawsuit that would take as much as a yr to resolve.

The record additionally raises questions on whether or not as of late’s injunction may also lengthen past the Galaxy Tab 10.1 to other Galaxy Tab models from Samsung.

the way the decide reportedly stated today’s decision, Samsung is not going to be able to promote or promote any new products in Germany that infringe the successfully-enforced group design for as long as the injunction is in drive. In other words, if Samsung came out (hypothetically talking) with a Galaxy Tab, it seems the injunction would apply.

just last week, Apple was granted a new preliminary injunction barring the promotion and sale of Samsung’s new Galaxy Tab 7.7 in Germany. The injunction forced Samsung to immediately pull the product from the expo floor at the IFA express in Berlin final week.

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