News by Dan Seifert on Wednesday August 10, 2011.
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After suing the heck out of Samsung for what it feels is infringement on its industrial design and trade dress with the Galaxy Tab 10.1 tablet, Apple has now aimed its guns at Motorola and its XOOM tablet. Buried within the lawsuit that Apple filed in Germany against Samsung is a complaint against Motorola for its design of the XOOM.
The mention of Apple's filing against Motorola does not say whether or not Apple asked for a preliminary injunction against the company as it had with Samsung, but Florian Mueller of FOSS Patents posits that Apple could have filed for a permanent injunction and skipped the preliminary injunction against Motorola. The excerpt from the filing against Samsung also mentions a small German company called JAY-tech, which has already been served a preliminary injunction by the courts banning the sale of its upcoming tablet device.
This is not the first rodeo for Apple and Motorola, as both companies have been embroiled in lawsuits against one another for nearly a year now. This is the first time that it has moved over to Europe, though, as the previous lawsuits were all based in the U.S. It will be interesting to see how this plays out in Europe, because it is hard to see the direct design correlation between the Motorola XOOM and Apple's iPad, since the two products look very different.
Dan is MobileBurn.com's Editor-in-Chief. Based in Poughkeepsie in New York, Dan can be found on Twitter as @DCSeifert.