Galaxy Tab 10.1 banned from sale in Germany

Samsung has lost a major battle in its patent feud with Apple today. The AFP is reporting that a German court has now ruled in Apple's favor concerning Samsung's Galaxy Tab 10.1 tablet. Judge Johanna Brueckner-Hoffmann ruled that Samsung has violated Apple's patents on the design and user interface for Apple's iPad. Brueckner-Hoffmann said there was a "clear impression of similarity" between the two tablets. As a result, the Galaxy Tab 10.1 has been banned from sale in Germany.

In a statement, Samsung said, "We are disappointed with this ruling and believe it severely limits consumer choice in Germany. Samsung will actively and immediately appeal this ruling to protect our intellectual property rights." Apple has yet to issue an official comment on the court's ruling.

Several weeks ago, a German court had decided that it would grant an injunction against selling the Galaxy Tab 10.1 in most of Europe. Later that decision was reversed, with another court decision saying that the injunction could only affect Germany. Last week, Samsung showed off a smaller Galaxy Tab 7.7 tablet at the IFA trade show in Berlin, but thanks to Apple, the company was forced to remove the tablet and all signage relating to the product from the show floor.

Apple could use today's decision as a precedent in its many other legal battles against Samsung. The company already has won an injunction against selling the Galaxy Tab 10.1 tablet in Australia and has similar court battles in other countries, including the US.

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34 Comments

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This case should be thrown out the window. Samsung has proven that Apple faked evidence to get an upper hand, and not to mention that is completely illegal.

eh. Germany bans alot of stuff. yet sadism is just fine.

No similarity whatsoever. Now if we applied this to all the browsers currently out there all would be banned except Opera because they all stole from Opera.

Sad news, and it sets a ridiculous precedent. I hope this stupidity does not spread to other countries.

If you cant beat the competition, just try to remove it. Fact is Samsung has a range of products that offer valid challenge to Apple's and they dont like it.

The only people who lose here are us. Imagine if Apple dominated the market, and your choice of Tablet devices became "Ipad in black" or "ipad in white". Yay?

I was planning on getting a Tab 10.1 over an iPad myself.

Cant wait till other companies take advantage of this. But your honor our car has 4 wheels! They copied us!

Xenon said,
Cant wait till other companies take advantage of this. But your honor our car has 4 wheels! They copied us!

Bad example. Patents only last 14-20 years. After that, public domain.

BobSlob said,
Apple stole the idea from this.

http://e-vending.com/vending_machines_chill_Center_163.jpg

Sure, the home button is a little bigger, has a few more icons and the status bar is rotated, but it's a blatant copy!

It's clearly different, Apple use a 4x6 grid of 24 icons, these food items are all over the place!

Hmm on second looks some do have round corners and the iPad uses similar colours as can be seen in the vending machine.

TechieXP said,
First off, its not a patent. Its a "community design" And I can show you millions of items that use that design since before 1950. So way older than Apple.

The judge in Germany is stupid.

Ok, but did someone register it? That's the whole point. Apple did.

Islander said,
This is the patent all this is about:

http://esearch.oami.europa.eu/.../design/data/000181607-0001

As you can see, it was already granted on 2004. The judge also expressly said that Acer, Asus and Toshiba did not infringe the patent.

That tablet doesn't even have a button on the front. Have can you patent something, then not use it, and say you patented that item?

"We have this tablet without a button, but you made one with, so we're going to sue!"

they should investigate the judge for bribery... Apple might have bribe the judge. Even when they photoshop an evidence they never got the penalty.

Elliott said,
Totally seeing the similarities to an iPad. /s

Yes even size and function -- So guess what Apple--
You should also sue the makers of Star Trek -- and say they should be taken off the air if that is the case.

Not to mention If I can ever find a picture there was in the late 90's a touch pad organizer that was about that size. Now it had no web access and the icons on the pad were not movable.

redvamp128 said,

Yes even size and function -- So guess what Apple--
You should also sue the makers of Star Trek -- and say they should be taken off the air if that is the case.

Not to mention If I can ever find a picture there was in the late 90's a touch pad organizer that was about that size. Now it had no web access and the icons on the pad were not movable.


I dont know whether youre joking or not, but I assume you are being deadly serious. If so then you should really look into this case a little more as Apple isnt just blatantly suing Samsung for creating a tablet, as this would have no basis for legal action as the idea of a tablet computer has been around for a long time now. Rather, Apple are asserting that the functionality and appearance of the software and system are very similar to that used in their products, which one could argue is true to some degree. As to whether it is bad enough for a sales ban to imposed however... I do not know.

Tk1917 said,

I dont know whether youre joking or not, but I assume you are being deadly serious. If so then you should really look into this case a little more as Apple isnt just blatantly suing Samsung for creating a tablet, as this would have no basis for legal action as the idea of a tablet computer has been around for a long time now. Rather, Apple are asserting that the functionality and appearance of the software and system are very similar to that used in their products, which one could argue is true to some degree. As to whether it is bad enough for a sales ban to imposed however... I do not know.

Lots of things look similar. It doesn't mean people get them confused. Samsung even asked to see the future generation Apple products so that they WOULDN'T make them at all alike and Apple declined.

Yeah, this happen often than news posted on the forum are afterward posted in front page. While when it's done in reverse , the forum's thread is locked.

You quoted something from another site and posted it in the forum. Why should "1st" get any credit? The news is already on several tech blogs/news sites. How do you know that the author used your forum post to create this post? What about this news posting is actually "yours"?