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Galaxy Tab 10.1 can not be sold in Germany after injunction upheld

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The ruling is in: Samsung is prohibited from selling its Galaxy Tab 10.1 in Germany. Minutes ago a Dusseldorf judge upheld the temporary ban, rejecting Samsung's attempts to overturn it. In making the ruling, judge Johanna Brueckner-Hofmann said that to an informed consumer, the Galaxy Tab looks like Apple's protected design. She added 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."

As you'll recall, the court issued a preliminary injunction in early August that temporarily prevented Samsung from selling its Galaxy Tab 10.1 in the EU -- a ruling that was later scaled back to just Germany. At the heart of the ruling is an EU design registration for a tablet PC that Apple received in 2004. In other words, the decision says nothing about the validity of Apple's patent portfolio, it's only a judgement of trademarked design.

Naturally, the decision could foreshadow the future of Samsung's Galaxy Tab 7.7 and, honestly, any number of rectangular-shaped tablets in Germany as well. Apple was granted a preliminary injunction against the 7.7 on September 2nd forcing Samsung to pull its demonstration models and ads from the show floor of IFA.

Source: Bloomberg