Galaxy Nexus, Galaxy Tab 10.1N escape German injunctions
A German Munich Regional Court judge has decided against granting Apple injunctions on two Samsung products, noting that at least one of the patent challenges was likely to be revoked at trial.
The two products, Samsung's Galaxy Nexus smartphone and its revised "10.1N" version of the Galaxy Tab (redesigned by Samsung to escape the original injunction on sales Apple won last September) will be available for sale in Germany while the case against them continues.
Samsung's modified Galaxy Tab 10.1N seen on the left compared to the original model
In the case of the new smartphone, Apple argued for an injunction on sales, according to a report by Wall Street Cheat Sheet, related to a "patent granted last year protecting some technology related to touch screens."
The report noted that Presiding Judge Andreas Mueller said in his ruling that “Samsung has show [sic] that it is more likely than not that the patent will be revoked because of technology that was already on the market before the intellectual property had been filed for protection.”
In the case of the revised 10.1N tablet, while Apple won an appeal of the original injunction yesterday in a Dusseldorf appeals court (keeping the ban intact on the original model), the Munich Regional Court did not extend the injunction on sales to cover the modified revision Samsung produced to work around the ban.
The Dusseldorf court is set to rule in a separate case Apple brought against the modified 10.1N on February 9.