German Injunction Against Sale of Galaxy Tab 10.1 Upheld

[MacRumors]

FOSS Patents and Bloomberg report that a German court has upheld an earlier ruling preventing Samsung from selling its Galaxy Tab 10.1 in that country following an infringement complaint by Apple.

"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," [Presiding Judge Johanna] Brueckner-Hofmann said. "For the informed customer there remains the predominant overall impression that the device looks" like the design Apple has protected in Europe.

Samsung said it will appeal. The ruling "severely limits consumer choice in Germany" and "restricts design innovation and progress in the industry," the company said in a statement e- mailed after the ruling was issued.

A preliminary injunction against the sale of the Galaxy Tab 10.1 was initially granted one month ago and covered nearly all of the European Union, but the order was quickly suspended in practice for all countries except Germany after questions about the court's jurisdictional authority arose.




FOSS Patents notes that Samsung now has two options to overturn the German ban, either a separate fast-track case in a higher court that would likely take a few months or an automatic continuation of the existing case in the lower court into a full-blown lawsuit that could take up to a year to resolve.

The report also raises questions about whether today's injunction may even extend beyond the Galaxy Tab 10.1 to other Galaxy Tab models from Samsung.

The way the judge reportedly pronounced today's decision, Samsung won't be able to promote or sell any new products in Germany that infringe the successfully-enforced Community design for as long as the injunction is in force. In other words, if Samsung came out (hypothetically speaking) with a Galaxy Tab 9.0, 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 show in Berlin last week.

Article Link: German Injunction Against Sale of Galaxy Tab 10.1 Upheld

[Ubuntu]

Christ, just let the tablet sell. It won't be a hit anyway and holding it back as such just gives the impression that Apple sees it as a threat. Just let Samsung ship a few of them and then release their next "iPad-killer".

EDIT: Just to let people know, I did have the 10.1 for about two days. I purchased it from Currys UK (online so I could return it if needs be) before all this trouble and its well and truly one of those products where the patents and technical info don't really matter in the big picture. It trumps the iPad in some ways, but when you try both of them, as I did, thats when I think all this legal hassle is a big waste of time because the Tab isn't that great, in my opinion. I can't pinpoint it, there's just something about the iPad that feels a lot better.

[KnightWRX]

Originally Posted by MacRumors

"The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer

Just read that on Engadget. Yep, Apple now owns minimalistic design in Germany for tablets.

Dutch court says No, Germany says Yes. Score is now 1 : 1.

[mabaker]

Why would Apple allow the copycats outrace them like they did in the 80's?

IT's about royalties. If they'Re ready to pay then let them sell but Samsung does not want to comply. It blatantly rips off Apple's success just like Google did with Android in 2007.

[Oletros]

Yap, Galaxy Tab resembles more to the community design than the iPad.

The community design doesn't have home button.

XOOM next? Touchpad next?

[jiggie2g]

Apple went from being the cute fruity underdog to a completely fascist corporation that competes by patent trolling and using local law enforcement to do its muscle work. Congrats Apple you did the impossible by out douch bagging Microsoft.

[KnightWRX]

Originally Posted by jiggie2g

Apple went from being the cute fruity underdog to a completely fascist corporation that competes by patent trolling and using local law enforcement to do its muscle work. Congrats Apple you did the impossible by out douch bagging Microsoft.

Let's face it, the EU granted the Community Design registration that led to this and Samsung failed to defend against it (which you can with prior art, like they did in Dutch court). This is not solely Apple's doing here.

[*LTD*]

Originally Posted by jiggie2g

Apple went from being the cute fruity underdog to a completely fascist corporation

They were *always* this way. Since Day 1.

Your anger is not only misplaced (since Apple didn't do anything illegal here), it's also a little late.

[BaldiMac]

Originally Posted by KnightWRX

Just read that on Engadget. Yep, Apple now owns minimalistic design in Germany for tablets.

No, they own a specific minimalistic design in Germany. The lack of imagination in these threads about alternative designs for a tablet is amazing. Especially, considering the dozen of alternative designs that have been posted.

Dutch court says No, Germany says Yes. Score is now 1 : 1.

Dutch court says no in a preliminary hearing. German court says yes for permanent injunction. And Samsung doesn't like its case too much in Australia considering that they have voluntarily delayed launching the Tab there.

Maybe Kubrick's tablet and a Samsung picture frame don't prove as much as some people thought it did.

I still think Apple's claims are too generic. I bet Samsung's idea is just to drag this out as long as they can, before introducing a slightly modified version that avoids direct infringement. Make sure Apple has put all its cards on the table.

[nefan65]

Originally Posted by jiggie2g

Apple went from being the cute fruity underdog to a completely fascist corporation that competes by patent trolling and using local law enforcement to do its muscle work. Congrats Apple you did the impossible by out douch bagging Microsoft.

Every company ends up this way. It's how it goes. Google will [it's already started actually] be next, and then others starting out will eventually get there.

Part of it has to do with that small, underdog mentality. They've worked their butts off to get to this point. Now they want to protect it anyway possible. Sometimes they get somewhat "Rabid" about it. But they all want to protect their intellectual property. Kinda like that person who never had a nice home? Then eventually, they work their behinds off to afford one, and then do whatever they can to protect it. It's human nature...

[macchiato2009]

why always posting news about samsung galaxy ??? like we really cared...

[jiggie2g]

Originally Posted by *LTD*

They were *always* this way. Since Day 1.

Your anger is not only misplaced (since Apple didn't do anything illegal here), it's also a little late.

Yeah you're right I had hoped that their failures in the 90's would have humbled them but low and behold as soon as they were able to make a comeback they became even worse than Intel, Google and MSFT.

[divinox]

Originally Posted by KnightWRX

Just read that on Engadget. Yep, Apple now owns minimalistic design in Germany for tablets.

Dutch court says No, Germany says Yes. Score is now 1 : 1.

The wording sounds quite absurd i must say. Having a patent on minimalist design? Of course the judge is right, you could add hundreds of useless buttons, or make the tablet look like it was painted but dali, but still. Minimalism? Really? Its not like Apple invented minimalism, or were even the first to produce a minimalist design.

Somehow i think there is more to the story though. It just cant be about only that. Completely absurd, and in hardly in line with the original intent of the system. Also, what would it take for Samsung to be non-minimalist? 2 buttons? 3 buttons? 5? 10? 100? Brushed aluminium bezel (behind glass) would be enough? "Touch of color", like in their tvs?

Further, the irony of it all - and something Samsung should really stress - is that Apple most likely will not go after all other competitors, despite them offering "minimalist tablets". Really makes one wonder what this is all about in the end.

Samsung: Go for the touch-of-color. Its trademarked, has plenty of prior art, and would really differentiate the products. Very simple. Do it.

[*LTD*]

Originally Posted by jiggie2g

Yeah you're right I had hoped that their failures in the 90's would have humbled them but low and behold as soon as they were able to make a comeback they became even worse than Intel, Google and MSFT.

There's one difference.

Consumers keep going nuts over their products. Apple keeps redefining and revolutionizing entire markets. Apple's figured out what makes tech desirable and just keeps doing it.

[314631]

Well done Germany. I'm going to take a month-long vacation there ASAP to thank them for doing the right thing in protecting Apple's valuable copyright.

[KnightWRX]

Originally Posted by macchiato2009

why always posting news about samsung galaxy ??? like we really cared...

Because someone at Apple decided that Samsung was relevant enough to sue in a dozen of countries all over the world. Samsung is now "the man to beat" in the mobility race it seems for Apple, seeing all the lawsuits aimed at them.

Remember, these guys are presently the flagship Android OEM with the most sales of a single model (SGS II sold 5 million in 85 days without any US carriers which are just now getting in this month) and they sell many models of Android besides just that. Their tablets with Honeycomb represent the biggest threat to Apple's dominance of the tablet market it seems, even though the original Froyo based Tab reportedly only sold 25,000 units.

Originally Posted by aurichie

Well done Germany. I'm going to take a month-long vacation there ASAP to thank them for doing the right thing in protecting Apple's valuable copyright.

This is not about copyrights.

This is akin to trademarks. It's about a Community Design registration.

[divinox]

Originally Posted by mabaker

Why would Apple allow the copycats outrace them like they did in the 80's?

IT's about royalties. If they'Re ready to pay then let them sell but Samsung does not want to comply. It blatantly rips off Apple's success just like Google did with Android in 2007.

Have Apple offered a deal to samsung to pay royalties for use of the "minimalist design"? I think not.

Imo, Samsung should just re-brand their tablets as Internet-based, portable, TV's. The boundaries are all blurred by convergence anyway.

[dethmaShine]

Originally Posted by Oletros

Yap, Galaxy Tab resembles more to the community design than the iPad.

The community design doesn't have home button.

XOOM next? Touchpad next?

Well, if they infringe, then yes. Otherwise not.

Lets leave that to Apple, I guess.

Simple.

[iMaci7]

Originally Posted by aurichie

Well done Germany. I'm going to take a month-long vacation there ASAP to thank them for doing the right thing in protecting Apple's valuable copyright.

I agree, people want to make Apple out to be the bad one when Samsung is the one infringing. Law is the law.

[dethmaShine]

Originally Posted by jiggie2g

Apple went from being the cute fruity underdog to a completely fascist corporation that competes by patent trolling and using local law enforcement to do its muscle work. Congrats Apple you did the impossible by out douch bagging Microsoft.

Now that the judge believes that Samsung has infringed Apple's IP, Apple is still a patent troll, because they 'sue'?

[divinox]

Originally Posted by iMaci7

I agree, people want to make Apple out to be the bad one when Samsung is the one infringing. Law is the law.

Its not that easy, considering one judge saying YES, another saying NO, completely contradicting each other, while virtually ruling on the same law.

[jiggie2g]

Originally Posted by *LTD*

There's one difference.

Consumers keep going nuts over their products. Apple keeps redefining and revolutionizing entire markets. Apple's figured out what makes tech desirable and just keeps doing it.

The difference is Apple has the best spin machine peroid. No one in any industry can sell bs the way Apple can. Whether or not they are superior is up for debate, I don't buy Apple products because of their association with foxconn, the walled garden ecosystem and quite frankly because I can get a equal or better peoduct for less.

[Burger Thing]

Originally Posted by BaldiMac

No, they own a specific minimalistic design in Germany. The lack of imagination in these threads about alternative designs for a tablet is amazing. Especially, considering the dozen of alternative designs that have been posted.

I totally agree with you. I had to laugh about the guy who posted billions of pictures of Tablets here in MR just to prove the point that there were iPad look a likes prior to the iPad. Which they weren't in my opinion. The only thing he proved, was that it is possible for Samsung to have alternative designs. Sony for example just proved that point with the announcement of their tablets. The German judges argued the same.

[adder7712]

Ok, show me another way to design a modern tablet.

[dethmaShine]

Originally Posted by divinox

Its not that easy, considering one judge saying YES, another saying NO, completely contradicting each other, while virtually ruling on the same law.

The judge that denied 'said' that in preliminary hearing.

But yes, I myself am puzzled as to why both the judges differed on the same evidence.