German Court Upholds Apple Injunction Against Samsung’s Galaxy Tab

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Samsung was dealt a blow on Friday when a court in Germany upheld an injunction blocking the sale of its Galaxy Tab 10.1 tablet in the country. Apple had requested the sales ban as part of its patent infringement suit against Samsung over allegations that the company stole the look and feel of the iPad and iPhone for its Android-based mobile devices.

The German court ruled that “informed customers” could tell that Samsung’s Galaxy Tab 10.1 tablet was designed to look very much like the iPad, and that the company could’ve chosen another design for the device, according to the Financial Times.

German court upholds sales ban on Samsung's Galaxy Tab 10.1 tabletGerman court upholds sales ban on Samsung’s Galaxy Tab 10.1 tablet

“The court is of the opinion that Apple’s minimalist design is not the only technical solution to make a tablet computer,” commented Judge Johanna Brückner-Hofmann. “Other designs are possible.”

Samsung, however, disagrees with the ruling and said it’s tablet design was generic. “We are disappointed with this ruling and believe it severely limits consumer choice in Germany,” the company said.

Apple and Samsung have been locked in a legal battle over patent infringement claims for several months. Both companies have alleged that the other’s mobile devices use patented technologies without proper licensing, and have filed lawsuits against each other in the U.S. and other countries.

The iPad and iPhone makes has been awarded a temporary injunction through a Dutch court blocking the sale of some Galaxy devices in the European Union, and has agreed to postpone sales of its Galaxy Tab 10.1 tablet in Australia until the end of September.

Apple has requested an injunction in the United States, too, and most recently in Japan.

Samsung plans to appeal the German court ruling.

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13 Comments Leave Your Own

RonMacGuy

Excellent news!!

skipaq

At the very least Samsung has been pushed back to R&D for a new design. They cannot afford to slug this thing out all over the globe for a couple of years. It will be lights out by then.

daemon

I guess all non-Apple tablets will from now on have ridiculous amounts of flair instead of a black border….

Nemo

I guess Samsung’s designers will have to think different.  But baby steps will have to come first.  First, move from rote copying, then to thinking, and finally to thinking differently, or creative thinking.  And perhaps, once they are all grown up and can think differently, they will even have the ambition to try best Apple’s designs.

wab95

I guess all non-Apple tablets will from now on have ridiculous amounts of flair instead of a black border?.


No, beige.

They could go back to looking as they started in the Windows era, or some derivation on that theme, although that is highly unlikely.

Let’s face it, prior to the iPad, every company thought that a ‘tablet PC’ was just a desktop PC squeezed into a tablet form factor. It took Apple to show that, to succeed, it needed to be an evolutionary next step in form and function. That genie is out of the bottle and there’s no re-corking it.

Non-Apple manufacturers can at least be a bit more creative in differentiating their take on that meme.

John Dingler, artist

Hi Daemon,
Yeah. In their austerity, Apple’s designs can be compared to the minimalist looking Early Renaissance art. Looking forward to those competitors who are ripping Apple off to come out with devices which look Baroque, then even Rococo, the succeeding art movements. That would be something.

And there is precedent with MS introducing several concept PC case designs—I believe during Jobs II’s jellybean iMac—which were extraordinarily misguided. One of these was the “Fish PC,” yeah, in the general shape of a goldfish. How MS managed to live it down amazes.

So, I see no reason for HTC and any other copyist of Apple products to not revert to a Medusa case style, you know, with all kinds of cables and doo dads projecting from the surface.

daemon

@Wab95 I find it hilarious you give an example of just how derivative Apple’s minimalist style is and then act like it was bad design because it wasn’t black….

wab95

I find it hilarious you give an example of just how derivative Apple?s minimalist style is and then act like it was bad design because it wasn?t black?.

Noted, but if that is your take, daemon, then you missed my point entirely. Not that it’s of any consequence to the predicament in which Samsung, perhaps others down the line, find themselves. I suspect that they find little humour in the day. Besides, if colour were the issue, then I should have taken aim at the white iPad.

The issue is the dearth of ideas and want of originality in the industry. Samsung’s aping of Apple is symptomatic a deeper industrial malaise, and suggests that the prospects for originality and innovation, and therefore the forecast for technological progress, are limited. Expectations about the pace of gains from competition may have to be adjusted accordingly.

daemon

Samsung?s aping of Apple is symptomatic a deeper industrial malaise, and suggests that the prospects for originality and innovation, and therefore the forecast for technological progress, are limited.

O.o

So… you agree that Apple has ripped off it’s design for the iPad?

RonMacGuy

Right, Apple ripped off the iPad from Star Trek and 2001: A Space Odyssey.

I so love the sound of bitter fandroids!!

Terrin

Personally, I am happy Apple won an injunction especially in this case where the issue was a clear infringement of Apple’s look and feel design patent. It is not different when Apple successful prevented a Japanese Company from selling a knock off of the original iMac.

I, however, think long term Apple might be perusing the wrong strategy by seeking injunctions as opposed to a license fee when utility patents are at issue.

With utility patents, Microsoft’s strategy is better. Force a licensing cost on the other hardware manufacturers. That increases the cost of Android and makes it less appealing. When HTC, Motorola, Samsung, and all the other Android phone manufacturers have to pay a license fee to Microsoft, this makes Android to have to compete on something else other then being free to manufacturers. It is easy to sell a free product. If such manufacturers had to pay Apple as well, the cost even increases greater.

Moreover, Oracle is going to win some kind of licensing fee from Google as well as damages. This all makes it hard to understand how Google is going to sustain the venture without also passing on some cost to manufacturers considering Google is thought to make only about $6 a year on each Android branded phone made. Perhaps, Google will agree to pay Oracle a small licensing fee to protect itself, but allow Oracle to go after the manufacturers as well, which will be easy to do if it can show Google infringed its IP.

none

Apple is acting like that kid on the playground crying because there is someone on the swing next to them. If they cant handle competition they should do the world a favor and stop selling there crap. They still have never came up with an original idea of there own. There entire business plan is to make products that have the same “look and feel” as each other so that people who don’t know any better think they are popular because there phone looks like there computer. I’m still shocked when I see someone who is not a 17 year old girl using an apple product.

mhikl

Apple is acting like that kid on the playground crying because there is someone on the swing next to them.

none, this first sentence was a good start. At least it is grammatically correct. The rest, not so good. Grammar, pronoun agreement and reference make your text difficult to read and comprehend. I can understand your use of the child motif. I hope your problem is not due to a terrible blow to the head.

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