German Court Upholds the Injection against Sale of Galaxy Tab 10.1!
Apple filed an infringement complaint against Samsung in the German court asking it to block the sale of Samsung Tab 10.1 in the country. Today, the German court upheld the Apple’s injection against sales of Samsung’s Galaxy Tab 10.1, as just reported by Foss Patent.
“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.
Notably, Apple previously succeeded to get a preliminary injunction against the sale of the Galaxy Tab 10.1, one month ago covering nearly all countries belonging to European Union, but later on the order was suspended in practice for all countries except Germany on the basis of the question arose by the court’s jurisdictional authority.
FOSS Patents comments that Samsung now has only two options to topple the German ban, either by filing a separate fast-track case in a higher court that likely would take a few months or go with continuation of the existing case in the lower court into a full-size lawsuit that might take a year to resolve.
The site also comments on the possibility that today’s injunction could 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.