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Apple Succeeds in Getting Samsung's Galaxy Tab 10.1 Banned in Germany

This is a discussion on Apple Succeeds in Getting Samsung's Galaxy Tab 10.1 Banned in Germany within the Atrix News & Site News forums, part of the Motorola Atrix News & Site News category; It's rather surprising that we get something new about the Apple vs. Samsung lawsuits everyday. It's not surprising from a journalistic point-of-view, but it is ...

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  1. #1
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    Apple Succeeds in Getting Samsung's Galaxy Tab 10.1 Banned in Germany


    It's rather surprising that we get something new about the Apple vs. Samsung lawsuits everyday. It's not surprising from a journalistic point-of-view, but it is surprising because usually court cases take a lot longer than this. At any rate, after Samsung scored a pseudo-victory against Apple in the Netherlands, now they have scored a stinging defeat in Germany. The Dusseldorf court ruled in favor of the Apple ban on the Samsung Galaxy Tab 10.1 in Germany.

    Originally, this was a preliminary injunction to bar Samsung from selling the device in all of Europe except the Netherlands. Then, the lawsuit was downgraded by the court to include just Germany. The judge in the proceeding upheld the preliminary injunction. Now it must go before a Higher Regional Court to determine if it should become a permanent ban.

    Here's a quote from the TalkAndroid article with some details and comments from the judge,
    Presiding Judge Johanna Brueckner-Hofmann said the following when 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 like the design Apple has protected in Europe.”

    The judge said the court didn’t compare the Galaxy Tab 10.1 with the actual iPad, but instead focused on a design Apple filed with the European Union intellectual property agency in Spain.

    “Samsung’s tablet didn’t keep enough distance from the Apple design,” the judge said. “While the back of the Galaxy is different from Apple’s registered design, the important feature is the front, which is nearly identical,” she said.

    “The crucial issue was whether the Galaxy tablet looked like the drawings registered as a design right,” she said. “Also, our case had nothing to do with trademarks or patents for technology.”
    Samsung will appeal the ruling. Their statement indicated that the ruling “severely limits consumer choice in Germany,” and “restricts design innovation and progress in the industry.”

    Source: GalaxyForums.net and GalaxyTabForums.net via TalkAndroid and Bloomberg

  2. #2
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    Not only does Apple got their heads up their *****, they are huffing the fumes too!! *facepalm* These lawsuits are just plain ridiculous...

    If you need help, and I appear to be offline, shoot me a msg on Gtalk, or PM me and I'll respond as soon as I possibly can!!

  3. #3
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    I don't blame apple at all. Its sad how they cant come up with anymore original ideas so they are just trying to take down the competition. Kind of a low blow for such a successful company. This just pushes me further and further towards my opinion on apple being evil and how I will never buy their products again.

    Sent from my Rooted UNLOCKED Bell Atrix on CM7 pre-beta3

  4. #4
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    Does anyone recall reading the Twitter Feed from the Dutch reporter who stated that one of the judges, after coming back into the court room at some point, started helping Apple with the wording in their case?

    Also: "the important feature is the front, which is nearly identical". Huh?

    I'm guessing she's referring to the icons displayed on the actual screen, since comparing one tablet PC screen to another is pointless (as if comparing LCD monitor panels would reveal differences in design).
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  5. #5
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    Spreading the Android word across the UK with the help of my Atrix

  6. #6
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    *runs around like Carlos Mencia randomly yelling "DEE DEE DEE"*

    If you need help, and I appear to be offline, shoot me a msg on Gtalk, or PM me and I'll respond as soon as I possibly can!!

  7. #7
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    *points* oh my

    ^ nexus 5 .
    galaxy s 3 . optimus g . nexus 4 . atrix

    fin.


  8. #8
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    Let them be. No one stays on top forever, and especially when you go around suing the people who make your devices. Apple's day will come soon enough. I never owned an Apple device (although there were two iPhone in my household) and as things go, I don't think I ever will.

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    Last edited by RobKort; 10-05-2011 at 09:36 PM.
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