German Court Unlikely to Award Apple Injunction Against Galaxy Tab 10.1N

Last month, Samsung released a revised Galaxy Tab 10.1N design in Germany in hopes of avoiding an injunction barring the sale of the device under its original design over claims of infringement from Apple.


Samsung's Galaxy Tab 10.1N

Arguing that the design changes did not go far enough, Apple quickly filed suit in an attempt to bar the new design as well. But according to Bloomberg, the judge in the new case does not seem inclined to support such an injunction, giving customers credit for being able to distinguish between the devices.

The Dusseldorf court that banned sales of the Galaxy 10.1 on Sept. 9 is unlikely to grant Apple an injunction against the Galaxy 10.1N, Presiding Judge Johanna Brueckner-Hofmann said at a hearing today. Samsung has changed the device’s design sufficiently to distance it from the iPad, she said, adding that the view is preliminary. [...]

“Consumers are well aware that there is an original and that competitors try to use similar designs, so buyers are vigilant when looking at products,” Brueckner-Hofmann said. “We don’t think that someone buys a Samsung to make his table neighbor at the coffee house believe he owns an iPad.”

A final decision on Apple's request is scheduled to be released on February 9.

After several early wins in its efforts to bar sales of Samsung's tablet devices, the tide has begun to turn against Apple in a number of locations. In Australia, where an injunction against the Galaxy Tab 10.1 has been lifted, Samsung is now using the legal fight to promote its device, calling the Galaxy Tab "the tablet Apple tried to stop".

Top Rated Comments

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113 months ago
It was clear from the beginning that Apple's short term goal was to simply delay as much of Samsung's holiday sales as possible.

That's why Apple went for quickie injunctions using mostly untested and sometimes obscurely worded IP.

The injunctions often automatically began, and it took weeks or months to review the claimed IP to remove the injunction.

Legally, brilliant. PR wise, perhaps not so much. Apple is no longer seen as the underdog.
Score: 29 Votes (Like | Disagree)
Avatar
113 months ago

Its not an argument. Its fact, Android ripped off Apple and stole IOS.


If that's the case you wouldn't have Apple fanboys claiming Android is crap...can't have it both ways.

You obviously haven't used both because they are as dissimilar as they are the same.

But you post this same nonsense in every thread and it's been replied to several times, so you either don't bother to read or don't understand it, so what's the point?
Score: 20 Votes (Like | Disagree)
Avatar
113 months ago

Android - Prior to employing ex Apple IOS employees:


http://www.osnews.com/story/25264/Did_Android_Really_Look_Like_BlackBerry_Before_the_iPhone_

You forgot to post the other early device they had. The on that looked like the iphone before the iphone.
Score: 17 Votes (Like | Disagree)
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113 months ago

Android is a stolen copy of iOS, Google should be forced to withdraw Android


This is nuts. I'm not saying its a superior OS, but Android is nothing like iOS.
Score: 17 Votes (Like | Disagree)
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113 months ago

Android - Prior to employing ex Apple IOS employees:


How many times does this need to get debunked? Android was prototyped on a touch screen device and keyboard device. Android is hardware agnostic... it can work on anything.
Score: 16 Votes (Like | Disagree)
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113 months ago
I've said it once, I'll say it again. This thread is just going to end up in arguing. So have fun with that, mods.
Score: 16 Votes (Like | Disagree)

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