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German court upholds ban on sales of Samsung Galaxy Tab 10.1, again

News by Dan Seifert on Friday September 09, 2011.

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A regional court in Dusseldorf, Germany has upheld the previous ban on sales of the Samsung Galaxy Tab 10.1 tablet in the country. This decision is the latest victory for Apple in its case against Samsung where it claims the Galaxy line of smartphones and tablets infringe on its design patents.

Today's ruling is the same as granted last month, and applies to sales of the tablet in Germany by Samsung's German subsidiary. It does not apply to all of Europe. The ban is preliminary, and applies during the time that Samsung and Apple fight their cases in court. This final decision from the regional court means that Samsung cannot file an appeal to quickly overturn the ban. However, Samsung can appeal to a higher court to hopefully get the ban overturned in a couple of months. Additionally, the main proceeding of the patent trial will continue, and if Samsung ends up winning that case, the ban would be lifted and Apple would be liable to pay damages to Samsung.

Of course, by the time that happens, which could be a year away, the Galaxy Tab 10.1 would be a irrelevant device in the market. The ban, which apparently applies to both current and future versions of the Galaxy Tab that share similar designs, prevents Samsung from selling new devices that have yet to be announced that look similar to the Galaxy Tab 10.1. If lifted, the ban would no longer prevent the sales of those future devices. If Apple ends up winning the main proceeding, the ban would become a permanent injunction.

Apple originally sued Samsung claiming design infringement on its iPhone and iPad products by Samsung's Galaxy line of smartphones and tablets. It won an initial ban on sales of the Galaxy Tab 10.1 in Europe on August 9. That ban was later amended to apply to just Germany, and upheld on August 25. The ban was upheld again today by the Dusseldorf court. [via FOSS Patents]

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About the author

Dan Seifert
Dan is MobileBurn.com's Editor-in-Chief. Based in Poughkeepsie in New York, Dan can be found on Twitter as @DCSeifert.

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