A ruling from the Dusseldorf Higher Regional Court in Germany turns a new page in the ongoing legal saga between Apple and Samsung, clearing the way for the Korean maker’s redesigned Galaxy Tab 10.1N, but extending a German ban on the smaller Galaxy Tab 7.7 to the entire EU.
Apple had been seeking an injunction against the Galaxy Tab 10.1N, but was rebuffed back in 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 be out of appeal options. 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 sent us 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."
The Galaxy Tab 7.7 injunction was a different story, however, as Apple won a preliminary ban across the EU. Previously, the smaller tablet had only been banned in Germany, but this most recent ruling apparently prevents Samsung's parent company from selling it anywhere in the EU. Samsung's statement regarding that decision was predictably a little more negative:
"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."
Hyunhu Jang contributed to this report