• German Court Sides with Apple and Permanently Bans Galaxy Tab 10.1 in Germany



    This Friday resulted in the culmination of a long legal battle between Apple and Samsung over the design of their respective tablet products - specifically, that Samsung's Galaxy Tab 10.1 infringes upon the design of Apple's ultra-popular iPad.

    Early this morning, a German district court ruled that Samsung is permanently banned from selling its Galaxy Tab 10.1 in that nation. "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 ruled. "The crucial issue was whether the Galaxy Tablet looked like the drawings registered as a design right," the judge said. "Also, our case had nothing to do with trademarks or patents for technology."

    To say that this ruling comes as a blow to Samsung would be an understatement. All told, the German division of Samsung's sales unit cannot sell the Galaxy Tab 10.1 anywhere else in the EU. Other sales channels, however, could be employed to sell the product across the EU (but still not in Germany). To do so would be exponentially more expensive and possibly even not worth the effort for Samsung.

    Samsung, as you might imagine, says it will fight the ruling. "By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry," Samsung said, proving that the fight against Apple may not yet be over.

    Source: PC World
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    This article was originally published in forum thread: German Court Sides with Apple and Permanently Bans Galaxy Tab 10.1 in Germany started by Michael Essany View original post
    Comments 21 Comments
    1. KBI2113's Avatar
      KBI2113 -
      Apple sent me a lawsuit too- I was driving my car the same way they do. Not only that, I was breathing the exact same way they do too. I should of known better....
    1. frail1's Avatar
      frail1 -
      Quote Originally Posted by KBI2113 View Post
      Apple sent me a lawsuit too- I was driving my car the same way they do. Not only that, I was breathing the exact same way they do too. I should of known better....
      That's funny. I was starting to feel for Samsung until the part where they said this ruling restricts innovation... Actually it mandates it.
    1. Labertasche's Avatar
      Labertasche -
      Apple used same really questionable methods here, in their complaint they inserted photos where they changed the appearance of the Galaxy Tab 10.1 to look more like the iPad:



      As you can see, they changed the width-to-height ratio to be similar to the one of the iPad.Makes me feel really disappointed to see Apple cheat like that.
      They did the same in the Netherlands by the way:
      Report: Apple Used Distorted Galaxy Tab Image In Samsung Complaint | mocoNews
    1. 1shuttle1's Avatar
      1shuttle1 -
      Yeah got my lawsuit in the mail today. It seems that having two arms and two legs is an Apple patent. Yeah and it's not gonna stop with humans. I hear all primates will be done away with and human's will have to pay a yearly subscription fee if they want to keep their parts. Apple commented on the Judge's ruling saying that they fully agree and that Steve Jobs is close to GOD (in his own mind} and therefore should get the credit for the patent on arms and legs.Human's are considering a class action suit against Apple but realize how easily judges are bought with free iPads, and iPhones.
    1. CustomSS1's Avatar
      CustomSS1 -
      Apple... who they think they are? You can't just walk around and sue anyone for anything here in Europe... maybe you can in america, but not europe.
    1. RICO_'s Avatar
      RICO_ -
      Good to know you can tamper with evidence and still get what you want in the corporate world. Rulings like this are a joke and the reason Apple is nothing but just another corporation afraid of competition and has to resort to legal bull**** to get what they want.
    1. hapishyguy's Avatar
      hapishyguy -
      I wonder how much bribe apple paid. In legal words called "Charity" or "Donation"
    1. unison999's Avatar
      unison999 -
      This only make me want to get rid of Apple products even more, just to piss them off I will get office to purchase Samsung tablets over iPad to make up a little bit of the loss by Samsung. Yes my company may not be huge to make up much sales for Samsung, but at least I can keep the office from getting Apple device. Hope there are enough people out there that would do the same thing to make a dent in Apple sales.
    1. i113's Avatar
      i113 -
      Imagine if this nonsense had started earlier and company A sued company B for building a similar device that "utilizes dual slots and push down lever as a means of insertion into a device that toasts bread." With a secondary lawsuit for the "use of a potentiometer to control the amount of heat applied to the bread."
      Out of all this, the person I feel sorry for most is the person that invented the power button. That person really should have patented that revolutionary technology!
    1. spazturtle's Avatar
      spazturtle -
      WRONG, They have only banned the Tab 10.1 for the duration of the trial, it is not over. All they said was that whilst the trail goes on the tab should not be sold.
    1. SwatPac's Avatar
      SwatPac -
      I find it sad that as soon as Apple makes a new product, every other company runs and does the same thing. That would piss me off. The other company's aren't really creating a new product, they are copying The ones apple made popular. Tablets where almost non-existent before the iPad. That's why I like Apples products, because they actually put real effort into them and change the market every time. When was the last time Samsung, Motorola, htc or any of the other copycats do that? Google would be better if they spent more time on perfecting things before throwing them out there. Almost everything that says google on it is laggy and buggy as hell. The day I see one of those company's create something original is the day I will agree that Apple actually has competitors. For now, they are all sitting back and waiting for something to copy (poorly).

      End of rant. Thanks.

      * I see tons of grammar errors in here. Please ignore them, for I haven't the time to fix them at the moment.
    1. cpotoso's Avatar
      cpotoso -
      Quote Originally Posted by KBI2113 View Post
      Apple sent me a lawsuit too- I was driving my car the same way they do. Not only that, I was breathing the exact same way they do too. I should of known better....
      Exactly. It is pretty sad to see the legal systems of the world subverted by greed (and/or sheer incompetence).
    1. RICO_'s Avatar
      RICO_ -
      Quote Originally Posted by spazturtle View Post
      WRONG, They have only banned the Tab 10.1 for the duration of the trial, it is not over. All they said was that whilst the trail goes on the tab should not be sold.
      You're right.
    1. bish0p34's Avatar
      bish0p34 -
      Quote Originally Posted by SwatPac View Post
      I find it sad that as soon as Apple makes a new product, every other company runs and does the same thing. That would piss me off. The other company's aren't really creating a new product, they are copying The ones apple made popular. Tablets where almost non-existent before the iPad. That's why I like Apples products, because they actually put real effort into them and change the market every time. When was the last time Samsung, Motorola, htc or any of the other copycats do that? Google would be better if they spent more time on perfecting things before throwing them out there. Almost everything that says google on it is laggy and buggy as hell. The day I see one of those company's create something original is the day I will agree that Apple actually has competitors. For now, they are all sitting back and waiting for something to copy (poorly).

      End of rant. Thanks.

      * I see tons of grammar errors in here. Please ignore them, for I haven't the time to fix them at the moment.
      Unfortunately, Apple is a company with a history of not being the most innovative. They just take what's already been done and repackage it. Hell, Steve Jobs has been quoted publicly on how much they steal from other designs.

      Attachment 546811

      Wow, touchscreen phone with a home button, made by Samsung a year before the iPhone came out. Sure it's not as pretty, but it's a copy with no doubt. In fact I'd say Aplle borrowed from them, and they borrowed back lol. But, that's another lawsuit....

      And the iPad design?

      LawPundit: Samsung Digital Picture Frame 2006 is Clear Designer Prior Art to the Later "Design" of the iPhone and iPad

      Apple has no claim to that either. Samsung designed this in 2006. Looks like Apple based the iPad design on Samsung's intellectual property. It may not be a tablet, but if they could win a lawsuit based solely on the look...then Samsung has a legal case guaranteed against Apple.

      Now, don't think of me as a devout Apple hater. I have an iPhone 4 and a Samsung Galaxy phone. With the stock software...the Apple ran better without a doubt. Since I removed the **** that AT&T added to my phone, the Samsung is a far better performer...and it has less lag and far fewer app crashes than the iPhone (my girlfriend has the exact 2 phones as me and finds the exact same results). This has led me to find that Android is a fine OS that runs as well as iOS. The only thing that makes it a better stock experience is Apple's insistence that carriers not modify their phones with bloatware (smart move on their part). In fact, since deleting the AT&T bloatware, I don't remember the last time my Android had a Force Close.

      I must also say that as a company, Apple is not that good with customer service as well. After I paid for their Applecare, and made two 3 hour drives to an Apple store (why can't I save the gas money and drive to the AT&T store like every other phone?), they won't replace my still-under-warranty phone with a defective home button. I couldn't replicate the problem there sadly (the guy only clicked it one or two times), but had multiple videos of the button not working (I've seen hundreds of testimonials that people say their phone was replaced without even being tested). I was told it was a software issue, had my phone formatted by these "geniuses", and told not to restore my backup. Great. Thanks for nothing! (sorry about the rant, but I paid a lot of money for something that should have been replaced under warranty, and spent a lot of money trying...with no satisfaction)

      Everybody borrows from everybody else. It's the nature of innovation. It also benefits the end user in the long run. Apple crying about Samsung gaining ground on them, and using their war chest of cash to fund this is just plain absurd. Judges agreeing with them? Money talks...
    1. bish0p34's Avatar
      bish0p34 -
      Quote Originally Posted by spazturtle View Post
      WRONG, They have only banned the Tab 10.1 for the duration of the trial, it is not over. All they said was that whilst the trail goes on the tab should not be sold.
      I didn't see that in this article.
    1. Jahooba's Avatar
      Jahooba -
      Strangely, the EU is all about squashing anti-competitive behavior. Isn't that exactly what this is? It seems to me that the EU is just kissing Apple's A.s.s.
    1. GrandMstrBud's Avatar
      GrandMstrBud -
      Apple realized they couldn't beat Samsung so they decided to sue them. It's typical Apple is all, if I took a dump and it looked like Apple's logo I'd probably get sued.
    1. thekirbylover's Avatar
      thekirbylover -
      Why does Samsung continue to manufacture hardware for Apple's iDevices when they keep filing lawsuits against them?
      It just doesn't make sense.
      I also don't understand why Apple sues big manufaturers like Samsung but doesn't sue the companies in China that make really buggy phones and advertise them as iPhones.
    1. NakedFaerie's Avatar
      NakedFaerie -
      As I keep saying and this proves it more "This is why Apple suck"

      Instead of making a better product Apple will try to sue their competition.

      Think about it, if they made the iDevices the way their customers wanted there would be no need to sue anyone as everyone would want one. The only reason why everyone has an iDevice now is because Apple sue the competition and there is no other good tablets to get.

      This is what they did to stop jailbreaking and that failed.

      They have to grow up and stop stealing the other boys toys. It's time they sit in the naughty corner for a while till they learn to play nice with others. And take their Ritalin.
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