Apple wins EU-wide sales ban of Galaxy Tab 7.7 in German court

By Lee Kaelin on July 24, 2012, 12:30 PM

Samsung has lost the latest round of patent wars against Apple after a German appeals court ruled this morning that the Galaxy Tab 7.7 tablet infringes on the iPad's design, banning it from sale in the EU.

The Dusseldorf Higher Court rejected Apple's complaints regarding the revised Galaxy Tab 10.1N, saying the changes were distinctive enough to prevent anyone mistaking at as an iPad. The original Galaxy Tab 10.1 tablet was banned from sale in the country last year for looking too much like the US outfit's slate.

"Samsung is disappointed with the court's ruling," it said in a statement. "We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple's claims to ensure our products remain available to consumers throughout the European Union."

It goes against a ruling in the British courts earlier this month, in which Judge Birss QC said the Galaxy Tab was not as "cool" as the iPad and that informed buyers would realize the difference. Last week he ordered Apple to display notices on its UK-website and media outlets that Samsung had not copied the iPad. At this point, it's unclear what impact the German ruling will have on UK sales.

"Samsung welcomes the court's ruling which confirms our position that the Galaxy Tab 10.1N does not infringe Apple's intellectual property and does not infringe laws against unfair competition," said Samsung. "Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."

User Comments: 14

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Lurker101 said:

It's got a thick, black border with SAMSUNG embossed on it. Anybody capable of confusing it to be an iPad should be held for clinical testing to find out just how they've retained enough intelligence to walk and breathe at the same time.

KG363 KG363 said:

It's significantly smaller.

wastedkill said:

Wow this is becoming Pathetic now you can bet I won't be buying a apple product ever again, if Apple ever did this to something I made I would be sure they would lose everything they had no matter what. Apple needs to be sued to hell and back I dont mean a few mill I mean atleast 100billion for preventing innovation and illegally stopping companys from making money as this is clearly not legal but if it is then hell looks like rape and murder are legal.

Adhmuz Adhmuz, TechSpot Paladin, said:

Obviously the people responsible have no perceptions of how the technology world works, or competition for that matter. These being the same people that refer to all console ever made as Nintendo, the PC as Microsoft and laptops are all made by HP, cell phones are all Nokia etc... So obviously Apple owns the tablet market and anything that is also a tablet by comparison is a knock off, and therefor unfair competition. These are not the people who should be making these types of decisions, a third party independent should be the deciding factor, not a judge that's so far disconnected from technology that black and white look the same.

Lurker101 said:

I don't think it's even ignorance on the part of the judge. Chances are, it's a simple case that Apple could afford him.

gwailo247, TechSpot Chancellor, said:

So they can sell the 10.1, but not the 7.7?

Maybe Apple can find someone who is not afraid to take chances like Jobs did, but I think the only reason he did what he did is because he founded the company. These days people like him get crushed and spit out by the corporate world. Too many people are worried about covering their ass. Jobs didn't have to cover his ass, he could make these risky decisions, and he had a good track record. But corporate culture is past that now, people are more worried about keeping their jobs and their mulimillion dollar salaries.

Right now the patent system is so stagnated that any decent idea that would try to break the mold would be sued out of existence. Apple is going to go through another period of decline, just like it did in the 1990s, except there is no Steve Jobs to pull them out of the swamp this time.

TJGeezer said:

Dunno if German judges are routinely for sale but if laws are made in Germany the way they are in the U.S., then the lawmakers certainly are for sale. What they've done to the copyright and patent laws, intended originally to protect creators and innovators, is unforgivable.

@gwailo247 is wrong about stagnation, though - patent and copyright laws have been manipulated so actively into favoring moguls over anyone who actually creates or innovates, "stagnant" simply doesn't fit. But point that out to a politician and just watch all the posturing and pontificating about intellectual "property rights" (wotta concept) while they tug the corporate snakes up onto their own phoney moral high ground. Meh.

Tygerstrike said:

Apple has become a victim of its own success. It has become so monstous that it must "feed" on other income besides what they recieve from thier products. You dont think that all those corporate mucky mucks bonuses are cheap do you?? W/o Jobs to do what Jobs did, Apple is on a slow spiral straight to the bottom.

As for German Judges being bought off.....I think it is less likely then you would assume. However, Im pretty sure that tho the judge may be well versed in general patent law. They wouldnt be well versed in product specs. It used to be if you made a product and someone ripped off the design, I.E a Big Mac, you had the right and duty to sue to protect your property. Now Apple and others have made it so that you get sued because you used beef,lettuce,and a bun.

Wendig0 Wendig0, TechSpot Paladin, said:

I'm starting to wonder if Apple promised ipads/macs to all the German judges that sided with them... It seems like Samsung can't catch a break in Germany at all. smh

Darth Shiv Darth Shiv said:

Fortunately the decision doesn't have jurisdiction over the whole world so you can buy it online from a country that has not got an injunction.

BMfan BMfan said:

Why is the EC so worried about price fixing of optical drives yet apple gets away with "number 2's" like this?

Zilpha Zilpha said:

Good grief, you'd think that we never had tablet computers before Steve Jobs came along.

The absolute rampant stupidity in the world is astounding.

Neojt said:

I wonder how come PC monitor compagnies dont sue each other to death !!! there all square or rectangle 90% are black and the power button is on the right side OMG this is so much BS..

im really sick and tired of Apple, YES you have made some great stuff but most already existed you just made it cool to own

Guest said:

Reminds me of the other day when I handled the salesman $130,000 for a new Ferrari, only to find out later that I had purchased a Smartcar Fortwo! How was I to know? The car I bought was red and had four wheels! Boy, do I feel stupid!

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