September 12, 2011

Apple Wins Infringement Battle Against Samsung in Germany


More legal woes for South Korean technology giant Samsung. In the midst of its battle with Apple (News - Alert) over copyright infringement, Samsung will be prevented from selling its Galaxy Tab in Germany, thanks to a ruling in district court that found for Apple and turned a temporary injunction (issued last month) into a permanent one.

The German court ruled Friday that Samsung (News - Alert) can’t sell its Galaxy Tab 10.1 in the country because it looks too much like Apple’s iPad, PCWorld is reporting. In handing down the ruling, the judge noted that “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.”

The ruling will also disallow Samsung Germany from selling the device in other EU member nations. (Although Appolicious points out (http://www.appolicious.com/tech/articles/9401-apple-wins-permanent-ban-on-samsungs-galaxy-tab-10-1-in-germany) that Samsung’s other divisions will still be free to sell devices in other EU countries.)

This incident isn't Samsung's first legal battle with Apple, which has filed lawsuits against the Korean tech company in a number of countries, including the U.S., Australia and the Netherlands. Apple has already won several other injunctions, most notably against one of Samsung’s smartphones that Apple says comes a little too close to the iPhone (News - Alert). Since the Netherlands is home to Samsung's European headquarters, this development could put a serious crimp into Samsung's European business.

Mashable has reported that Apple is also suing Samsung in Japan over patent infringement on two smart phones – the Galaxy S and Galaxy S II – and the Galaxy Tab 7, Samsung's Android (News - Alert)-based tablet computer (which Apple says lifts technology from the iPad).

Samsung, however, isn't taking the legal assault lying down. The company has, in turn, accused Apple of violating multiple Samsung patents covering communications standards.

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Tracey Schelmetic is a contributing editor for TMCnet. To read more of Tracey's articles, please visit her columnist page.

Edited by Jennifer Russell
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