Apple wins permanent ban on Samsung Galaxy Tab 10.1 in Germany

Posted:
in iPad edited January 2014
A German district court ruled on Friday that Samsung cannot sell its Galaxy Tab 10.1 in Germany because it infringes on the design of Apple's iPad 2.



The ruling from a court in Dusseldorf upholds a previous, temporary decision to bar sales of Samsung's 10-inch tablet, which competes with the iPad 2. In Friday's decision, the court said outright that the Galaxy Tab 10.1 looks too much like Apple's iPad 2, according to Bloomberg.



"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-Hoffman said in the verdict. "For the informed customer there remains the predominant overall impression that the device looks" like the design Apple has officially filed for ownership of in Europe.



The court apparently did not compare the Galaxy Tab 10.1 with an actual iPad, but instead focused on a design that Apple filed with the European Union. The court found that Samsung's tablet didn't differentiate itself enough from the iPad 2.



"The crucial issue was whether the Galaxy Tablet looked like the drawings registered as a design right," Brueckner-Hoffman said. "Also, our case had nothing to do with trademarks or patents for technology."



The ban applies across the European Union to Samsung's German sales unit. That means that the German wing of Samsung cannot sell the Galaxy Tab 10.1 in its home country or anywhere else across the EU, though the court cannot stop Samsung from selling the device through other avenues in other EU countries.



Samsung, unsurprisingly, has vowed to appeal the court's decision, according to IDG News. A company spokesman said the decision "severely limits consumer choice in Germany."



"By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry," they said. In addition, the company has vowed to continue its own patent infringement suits against Apple across the world.







In the latest expansion of the legal battle between Apple and Samsung, Apple sued the South Korean electronics maker in Japan last month, asking the government to bar the sales of its Galaxy S and Galaxy S II smartphones, as well as the Galaxy Tab 7 touchscreen tablet. The first hearing in the case was held on Wednesday, and Apple seeks damages of $1.3 million.



Friday's victory is the latest in a series of legal victories for Apple. Earlier this week, the Galaxy Tab 7.7 was pulled from a German trade show floor after a court injunction forced Samsung to cease promoting its newly unveiled tablet. And in late August, a Netherlands judge blocked sales of Samsung's Galaxy smartphones in Europe, while the company has also been forced to delay the launch of its Galaxy Tab 10.1 in Australia after a court there barred its sale.



Apple's legal assault against Samsung began in April, when it accused Samsung of copying the look and feel of its highly successful iPad and iPhone devices. Samsung has returned fire as well, accusing Apple of violating several patents it owns related to power consumption and 3G data transmission with mobile devices. Lawsuits have been filed by each company around the globe.
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Comments

  • Reply 1 of 250
    kevtkevt Posts: 195member
    Yes!



    It's not always easy to understand the technicalities of individual patents. But this is triumph for common sense. Samsung has 'slavishly' copied the iPad, iPhone, iPod touch in design, concept, and packaging, and deserves to pay the price.
  • Reply 2 of 250
    irelandireland Posts: 17,584member
    If Apple lost it would have been foolish, but the fact that they won only helps the consumer in that it'll help spur wholly original innovation. Despite the fact that I think a 7" is a stupid size I admire Amazon for talking a stand and doing their own thing. That takes balls. Amazon aren't simply 'copying' Apple. They are saying we can contribute something here. And the potential bonus for us because they chose to produce a $249 device that may sell quite well means that the iPad 3 may come out at $399, or at least Apple could keep around the iPad 2 at $379 - $399.



    I never thought for once I want the iPhone to win. I always thought there was room for Apple, Google and Microsoft. But for whatever reason I can't quite put my finger on I actually do want the iPad to win. I guess it's really that Apple genuinely created a new category of device and the deserve to win as recognition for their great visionary work. Perhaps it's also that I don't like google though, and perhaps it's that as an iPad owner if they win we get the best Apps on an ongoing basis.
  • Reply 3 of 250
    Wow. Quite a victory for Apple in the EU. And still no sign of the Galaxy Tab here in Australia, though the Galaxy smartphones are being flogged as the "next best thing" after the iPhone 4.
  • Reply 4 of 250
    solipsismsolipsism Posts: 25,726member
    Looks like McDonalds beat McDowells this time around,,,
    Cleo McDowell: Look... me and the McDonald's people got this little misunderstanding. See, they're McDonald's... I'm McDowell's. They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds.
  • Reply 5 of 250
    blastdoorblastdoor Posts: 1,917member
    Quote:
    Originally Posted by solipsism View Post


    Looks like McDonalds beat McDowells this time around,,,
    Cleo McDowell: Look... me and the McDonald's people got this little misunderstanding. See, they're McDonald's... I'm McDowell's. They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds.



    Perfect analogy.



    A little obscure, but I like it!
  • Reply 6 of 250
    +1 for Coming to America reference. And making me laugh.
  • Reply 7 of 250
    Quote "Samsung, unsurprisingly, has vowed to appeal the court's decision, according to IDG News. A company spokesman said the decision "severely limits consumer choice in Germany."



    "By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry," they said. In addition, the company has vowed to continue its own patent infringement suits against Apple across the world.





    They don't get it. If they do like other tablet makers (regardless if they fail at it.) design their on look and feel, then the consumer would have a choice. This is not a generic design, R&D went into developing this form factor. No one is restricting design innovation they just want you to turn off the copiers and actually do your own R&D not piggy back off of some other company success.
  • Reply 8 of 250
    tbelltbell Posts: 3,146member
    Personally, I think Apple would be smarter to take a Microsoft approach by forcing a license out of companies like Samsung. Instead, I think it is trying to shut them down. The benefits of the license are 1) money on every device sold, which in turn makes Android less desirable, and 2) it would allow Apple to resolve outstanding patent issues in its favor.
  • Reply 9 of 250
    begbeg Posts: 53member
    So Samsung how's that "destiny" thing working out for you? Quite smooth?
  • Reply 10 of 250
    WOOHOOOOO! Go APPLE!
  • Reply 11 of 250
    mennomenno Posts: 854member
    Quote:
    Originally Posted by Ireland View Post


    If Apple lost it would have been foolish, but the fact that they won only helps the consumer in that it'll help spur wholly original innovation. Despite the fact that I think a 7" is a stupid size I admire Amazon for talking a stand and doing their own thing. That takes balls. Amazon aren't simply 'copying' Apple. They are saying we can contribute something here. And the potential bonus for us because they chose to produce a $249 device that may sell quite well means that the iPad 3 may come out at $399, or at least Apple could keep around the iPad 2 at $379 - $399.



    I never thought for once I want the iPhone to win. I always thought there was room for Apple, Google and Microsoft. But for whatever reason I can't quite put my finger on I actually do want the iPad to win. I guess it's really that Apple genuinely created a new category of device and the deserve to win as recognition for their great visionary work. Perhaps it's also that I don't like google though, and perhaps it's that as an iPad owner if they win we get the best Apps on an ongoing basis.



    Samsung made a 7 inch tablet last year. They made a 7.7 inch tablet this year and had to pull it from the german show because of this pending injunction. Clearly the size of the device has no bearing on if apple will decide to go after it or not.



    It will be interesting to see if this injunction also applies to the 7.7 as well, though something tells me it will.
  • Reply 12 of 250
    Considering I saw the original 10 inch Samsung Tablet at CTIA last year, and considering the time it took them to redesign it after their CEO saw the iPad 2 (they had a mock up in a glass box at their booth but it wasn't a working copy), there is no way on earth they just didn't copy the industrial design of the iPad 2. Their original was a dog, and they didn't have the time to market to do any design work. I think Apple caught the world by surprise and they are still catching up with the design of the device.



    Honestly Samsung has a history of borrowing ideas from other companies such as LG and others over the years. I think it is a strategic plan to take the best from around the industry and incorporate in their products, its just this time, they got held to task over it.
  • Reply 13 of 250
    When will it dawn people that Samsung needs to step up their game?



    These are new market realities. Learn to play in them or pull out.
  • Reply 14 of 250
    Quote:
    Originally Posted by macminiwii View Post


    Quote "Samsung, unsurprisingly, has vowed to appeal the court's decision, according to IDG News. A company spokesman said the decision "severely limits consumer choice in Germany."



    "By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry," they said. In addition, the company has vowed to continue its own patent infringement suits against Apple across the world.





    They don't get it. If they do like other tablet makers (regardless if they fail at it.) design their on look and feel, then the consumer would have a choice. This is not a generic design, R&D went into developing this form factor. No one is restricting design innovation they just want you to turn off the copiers and actually do your own R&D not piggy back off of some other company success.



    If it was such a generic design, why did it take Samsung many many years, and several other design choices before they developed this? Was it just a coincidence that tablets started looking exactly like the iPad immediately after the iPad was shown to be successful?



    Now, I am not entirely sure about the whole "Design Rights" idea, but can they at least try to pretend to not ape Apple?
  • Reply 15 of 250
    Quote:
    Originally Posted by TBell View Post


    Personally, I think Apple would be smarter to take a Microsoft approach by forcing a license out of companies like Samsung. Instead, I think it is trying to shut them down. The benefits of the license are 1) money on every device sold, which in turn makes Android less desirable, and 2) it would allow Apple to resolve outstanding patent issues in its favor.



    Samsung and Apple can still make a deal. I don't think Apple would refuse a reasonable deal.
  • Reply 16 of 250
    Quote:
    Originally Posted by TBell View Post


    Personally, I think Apple would be smarter to take a Microsoft approach by forcing a license out of companies like Samsung. Instead, I think it is trying to shut them down. The benefits of the license are 1) money on every device sold, which in turn makes Android less desirable, and 2) it would allow Apple to resolve outstanding patent issues in its favor.



    The whole point Apple is making is that by copying the design it muddies Apple's reputation with people falsely believing that it may be an Apple product when it isn't. Licensing the design is NOT going to resolve that issue, is it?
  • Reply 17 of 250
    Finally, common sense prevails.



    The funniest part was all the fandriods saying "well there's only so many ways you can make a tablet, it's just a piece of glass with a bezel"



    But the problem with that argument is that if these designs are so obvious, why didn't Samsung do it before Apple?



    Everything Apple does seems "obvious" and "generic" to Apple competitors, after Apple releases it and sells millions of units....but if it really was, they would have been the first to market and not the ones trying to play catch up.
  • Reply 18 of 250
    Quote:
    Originally Posted by kevt View Post


    Yes!



    It's not always easy to understand the technicalities of individual patents. But this is triumph for common sense. Samsung has 'slavishly' copied the iPad, iPhone, iPod touch in design, concept, and packaging, and deserves to pay the price.



    Samsung do employ "creative" designers because their NX10/NX11 digital SLRs are very different in design to the many others from half a dozen manufacturers of identical purpose, specification and hand-size cameras on the market... why they didn't design a different form factor beats me considering Sony did it very differently with their two recent tablets, one a 2-screen and the other a folded magazine shape being "thicker along the spine." So it can be done Samsung.
  • Reply 19 of 250
    apple ][apple ][ Posts: 8,650member
    Kaboom! Samsung got smacked down pretty hard and deservedly so, might I add.



    Apple has every right to protect their intellectual property and anybody suggesting that Apple shouldn't be suing anybody or that Apple should just let things slide has got to be totally brain damaged and they should wake up and smell the coffee, because they are thinking and acting like a clueless fool.



    I don't have anything in particular against Samsung, but blatant copying is blatant copying and anybody who engages in such pathetic and cowardly actions deserves to get smacked down.
  • Reply 20 of 250
    Quote:
    Originally Posted by Ireland View Post


    If Apple lost it would have been foolish, but the fact that they won only helps the consumer in that it'll help spur wholly original innovation. Despite the fact that I think a 7" is a stupid size I admire Amazon for talking a stand and doing their own thing. That takes balls. Amazon aren't simply 'copying' Apple.



    Amazon???



    This is about Samsung





    Quote:
    Originally Posted by TBell View Post


    Personally, I think Apple would be smarter to take a Microsoft approach by forcing a license out of companies like Samsung. Instead, I think it is trying to shut them down. The benefits of the license are 1) money on every device sold, which in turn makes Android less desirable, and 2) it would allow Apple to resolve outstanding patent issues in its favor.



    Not Apple's style. Licensing patents sure. In fact depending on the patent they could be sued if they didn't license it. But their trade dress, nope. To license it would basically be to endorse a form of cloning of their products and we've seen how well that worked for them in the past. They won't make that mistake again. Plus to cover the whole trade dress they would probably have to license iOS and they really aren't going to do that





    Quote:
    Originally Posted by jj.yuan View Post


    Samsung and Apple can still make a deal. I don't think Apple would refuse a reasonable deal.



    The only deal that Apple will go for is that Samsung pulls all their stuff that suddenly had the same (according to Samsung) ''generic" design right after Apple released their latest thing, stops pulling the same stunt in the future and changes up the UI elements that look like Apple's UI and Apple will stop suing them over trade dress (i.e. dress right in the EU)







    Quote:
    Originally Posted by tawilson View Post


    The whole point Apple is making is that by copying the design it muddies Apple's reputation with people falsely believing that it may be an Apple product when it isn't. Licensing the design is NOT going to resolve that issue, is it?



    It would in fact make it worse because it would come off that Apple endorses this 'clone' implying that it is even more similar to the iPad.
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