German Injunction Against Sale of Galaxy Tab 10.1 Upheld

FOSS Patents and Bloomberg report that a German court has upheld an earlier ruling preventing Samsung from selling its Galaxy Tab 10.1 in that country following an infringement complaint by Apple.

“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-Hofmann said. “For the informed customer there remains the predominant overall impression that the device looks” like the design Apple has protected in Europe.

Samsung said it will appeal. The ruling “severely limits consumer choice in Germany” and “restricts design innovation and progress in the industry,” the company said in a statement e- mailed after the ruling was issued.

A preliminary injunction against the sale of the Galaxy Tab 10.1 was initially granted one month ago and covered nearly all of the European Union, but the order was quickly suspended in practice for all countries except Germany after questions about the court's jurisdictional authority arose.


FOSS Patents notes that Samsung now has two options to overturn the German ban, either a separate fast-track case in a higher court that would likely take a few months or an automatic continuation of the existing case in the lower court into a full-blown lawsuit that could take up to a year to resolve.

The report also raises questions about whether today's injunction may even extend beyond the Galaxy Tab 10.1 to other Galaxy Tab models from Samsung.

The way the judge reportedly pronounced today's decision, Samsung won't be able to promote or sell any new products in Germany that infringe the successfully-enforced Community design for as long as the injunction is in force. In other words, if Samsung came out (hypothetically speaking) with a Galaxy Tab 9.0, it seems the injunction would apply.

Just last week, Apple was granted a new preliminary injunction barring the promotion and sale of Samsung's new Galaxy Tab 7.7 in Germany. The injunction forced Samsung to immediately pull the product from the expo floor at the IFA show in Berlin last week.

Top Rated Comments

(View all)
Avatar
116 months ago
I know many here is hating on this "minimalistic design" wording in the ruling, but I feel that it's the whole reason the iPhone/iPad have been so dominating. Look, every tablet that was marketed before the iPad was complex, some had swiveling screens to convert from laptop to tablet, they all used styluses, most had tons of buttons, some had handles, etc.

I think what's more interesting about the "prior art" from Kubrick and even star trek is these movies/shows were intending to make futuristic devices that seemed desirable but were straight forward. Somehow, in the months leading up to the release of the iPad, every competitor stood around, some even openly admitted they were purposefully delaying production because everyone wanted to see what apple would bring to the table.

When apple released it, many if not most people in the tech-sphere bemoaned that it was too simple, just an oversized iPod touch with comically sized bezels. People said it would fail because it was too simple, and some joked that it wasn't actually really bigger than an iPhone cuz it was all bezel.

Now, a couple years later, everyone is trying to say that this simple design is obvious and that everyone had obviously thought of it before. Well, that may be true, we can't read minds in the past, but apple was the only one with the balls to release such a simple device, I think it's fair to say they deserve to reap the benefits of their bold move.
Score: 19 Votes (Like | Disagree)
Avatar
116 months ago

Just read that on Engadget. Yep, Apple now owns minimalistic design in Germany for tablets.


No, they own a specific minimalistic design in Germany. The lack of imagination in these threads about alternative designs for a tablet is amazing. Especially, considering the dozen of alternative designs that have been posted.

Dutch court says No, Germany says Yes. Score is now 1 : 1.


Dutch court says no in a preliminary hearing. German court says yes for permanent injunction. And Samsung doesn't like its case too much in Australia considering that they have voluntarily delayed launching the Tab there.

Maybe Kubrick's tablet and a Samsung picture frame don't prove as much as some people thought it did.

I still think Apple's claims are too generic. I bet Samsung's idea is just to drag this out as long as they can, before introducing a slightly modified version that avoids direct infringement. Make sure Apple has put all its cards on the table.
Score: 15 Votes (Like | Disagree)
Avatar
116 months ago


Ipad is square, Galaxy tab is rectangle. Galaxy tab has ZERO home buttons, Ipad has one. Minimalistic? Galazy tab is minimalist than the iPad.


No offense, but my 4 year old daughter wants to tell you about the definition of a square. :)
Score: 12 Votes (Like | Disagree)
Avatar
116 months ago
There are many posters here who clearly do not understand what a 'patent troll' is. I believe you'll find the definition does not fit what Apple is doing, which is protecting their IP!
Score: 9 Votes (Like | Disagree)
Avatar
116 months ago

Yeah you're right I had hoped that their failures in the 90's would have humbled them but low and behold as soon as they were able to make a comeback they became even worse than Intel, Google and MSFT.


There's one difference.

Consumers keep going nuts over their products. Apple keeps redefining and revolutionizing entire markets. Apple's figured out what makes tech desirable and just keeps doing it.
Score: 9 Votes (Like | Disagree)
Avatar
116 months ago

All the promo blurb I saw for the phone had the app selection screen looking like the iPhones. So your your saying that samsung put a screen on the front of their boxes that doesn't look anything like the app selection screen that you actually get as default? Pretty weird thing for a company to..


The App selection screen is something called the App drawer and yes it is not the default desktop UI at all. It is something you pull up.

And the "promo" blurbs you probably saw is the Apple cherry picked evidence, I'm sorry to say. Don't worry, most people that are not into Android never bothered to look up how Android/TouchWiz work and don't know any details beyond the FUD spread on MacRumors and AppleInsider.
Score: 8 Votes (Like | Disagree)

Top Stories

Apple-Acquired Dark Sky Officially Shuts Down Android App

Saturday August 1, 2020 3:43 pm PDT by
Apple in March purchased weather app Dark Sky, and at that time, Dark Sky's developers said that the app's Android version would be discontinued on July 1, 2020. However, instead of shuttering the app on that date, the app's developers announced that the discontinuation would be delayed for another month. Now that it's August, Android users are no longer able to access the app, and...

Apple May Launch This Year's 'iPhone 12' Lineup in Two Stages, With 6.1-inch Models Debuting First

Monday August 3, 2020 3:14 am PDT by
Apple last week confirmed that its "‌iPhone‌ 12" launch will be delayed this year due to the ongoing global health crisis and restrictions on travel. Apple last year started selling iPhones in late September, but this year, Apple projects supply will be "available a few weeks later," suggesting a release sometime in October. We're expecting a total of four OLED iPhones in 5.4, 6.1, and...

Top Stories: Try the 5.4-Inch iPhone 12 Display Size, Blockbuster Earnings, Tim Cook at Antitrust Hearing

Saturday August 1, 2020 6:00 am PDT by
Another busy week of Apple news and rumors has wrapped up, with a lot of focus on Tim Cook's appearance at a Congressional antitrust hearing and a blockbuster earnings report. Subscribe to the MacRumors YouTube channel for more videos. We continued to hear rumors about the upcoming iPhone 12 lineup, including a rare admission from Apple that the lineup will launch "a few weeks later" than...

Just How Small Will the 5.4-Inch iPhone 12 Screen Be? Try It Out for Yourself

Tuesday July 28, 2020 12:57 pm PDT by
As rumors of the iPhone 12 have continued to build over the past few months, the one model that has the most excitement around it is the smallest 5.4" model. The iPhone 12 is believed to be coming in 5.4", 6.7", and 6.1" sizes. Dummy models have shown how much smaller the 5.4" is compared to the rest of the iPhone lineup. The upcoming 5.4" iPhone falls in-between the size of the original...

Unreleased iPod Touch with Mac Pro Glossy Black Finish Shared Online

Sunday August 2, 2020 11:32 am PDT by
Twitter user @DongleBookPro has today posted images of what seems to be a first-generation iPod Touch prototype with a 2013 Mac Pro-style glossy black finish. The Twitter user claims that the iPod Touch prototype pictured has "the same coating as the 2013 Mac Pro." Had the finish been selected for the final product, it also would have been similar to the metallic glossy black finish that...

Apple Confirms This Year's iPhone 12 Models Will Be a Little Bit Late

Thursday July 30, 2020 2:34 pm PDT by
During today's earnings call covering the third fiscal quarter of 2020 (second calendar quarter) Apple CFO Luca Maestri confirmed that Apple is expecting to release this year's iPhones later than usual. Maestri said that Apple last year started selling iPhones in late September, but this year, Apple projects supply will be "available a few weeks later." Multiple rumors have suggested that ...

Battery Likely for Upcoming Apple Watch Series 6 Filed in Certification Listings

Saturday August 1, 2020 5:46 am PDT by
A battery likely for the upcoming Apple Watch Series 6 has been filed at the Korea Testing and Research Institute and discovered by a Twitter user @yabhishekhd. Certification for a 1.17Wh battery with a capacity of 303.8mAh was issued on June 23 by the KTR, a Korean regulatory body that approves and tests new hardware ahead of public sale. The battery seems to be destined for a future...

Apple Watch Series 6 to Feature Blood Oxygen Monitoring Sensor

Friday July 31, 2020 1:56 am PDT by
The Apple Watch Series 6 will add blood oxygen monitoring to its features list when it's launched later this year, according to a new report from DigiTimes. Apple Watch 6 will feature biosensors that can monitor sleeping conditions, detect blood oxygen and measure pulse rates, heartbeats and atrial fibrillation, and will also incorporate MEMS-based accelerometer and gyroscope, all allowing the ...

Apple Marks Return of NHL With New 'Hockey Tape' Ad Shot on iPhone 11 Pro

Saturday August 1, 2020 2:33 am PDT by
Apple today marked the return of NHL hockey with a new "Shot on iPhone" ad on its YouTube channel in Canada. Titled "Hockey Tape," the 30-second video features Vegas Golden Knights players Marc-André Fleury and Mark Stone having some on-ice fun with the iPhone 11 Pro, which they attach to the boards, a hockey stick, and a skate with hockey tape. "See the game like never before with Ultra ...

Emails Reveal Why Steve Jobs and Phil Schiller Blocked In-App Purchase of Kindle Books

Friday July 31, 2020 6:25 am PDT by
Internal Apple emails, made public by the House Judiciary Committee's antitrust inquiry, have revealed information about why Apple blocked in-app purchases of Kindle books on iOS devices, reports The Verge. Two sets of emails between Steve Jobs, Phil Schiller, Eddy Cue, and various other senior Apple executives, disclose the exact thinking behind how Apple approached Kindle on iOS. The...