A ruling from the Dusseldorf Higher Regional Court in Germany just turned a new page in the on-going legal battle between Apple and Samsung. Although Samsung’s redesigned Galaxy Tab 10.1N, is cleared, but the German ban on the smaller Galaxy Tab 7.7 still continues unto the entire EU.
Apple has been long seeking injunction against Samsung Galaxy 10.1N, but was rebuffed last February by the Dusseldorf Regional
Court, which claimed the redesign was distinct enough from the original Galaxy Tab 10.1 that the original injunction ought not to apply. Now that the decision has been upheld, Apple could no longer file an appeal. It’s important to keep in mind that this is all based on preliminary injunction requests, and the full trial on the merits is still to be held. Samsung issued a statement in response to the 10.1N decision, saying:
“Samsung welcomes the court’s ruling which confirms our position that the GALAXY Tab 10.1N does not infringe Apple’s intellectual property and does not infringe laws against unfair competition. Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”However, the Galaxy Tab 7.7 did not end up good; Apple won the preliminary ban across the EU. The small tablet was only banned in Germany, but now the most recent ruling apparently prevents Samsung’s parent company from selling it anywhere in the EU. Samsung statement is more of a negative one than the previous one:
“Samsung is disappointed with the court’s ruling. We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple’s claims to ensure our products remain available to consumers throughout the European Union.”
This ban would be pretty serious for Samsung. It would not just cut some of their product line in Europe but also lessen their possible dominance in the European world. However, this would be a sign of changing their concept of designs. Who knows, they might come up with a better design than Apple, right?