Apple loses bid to ban Samsung's redesigned Galaxy Tab

Apple loses bid to ban Samsung's redesigned Galaxy Tab

Summary: In the continuing fight over patents, Apple has lost its bid to secure a preliminary injunction against Samsung's modified Galaxy Tab 10.1N tablet. At least, for now.

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TOPICS: Legal, Apple, Samsung, Tablets
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In the long running battle over patents between Apple and Samsung, the latest twist comes from a German court which ruled that the redesigned Samsung Galaxy Tab 10.1N will not be banned from German stores.

Apple submitted a motion for a preliminary hearing against the modified tablet, but was denied. It was found that Samsung's Galaxy Tab 10.1N was reasonably distinct from Apple's products, and therefore should be allowed to go on sale.

It should come as no surprise, according to FOSS Patents author Florian Mueller, because a Dusseldorf regional appeals court said last week that, "even the original Galaxy Tab 10.1 does not fall within the valid scope of the asserted [patent]."

Apple last week lost a similar attempt, where the company invoked a European design right, in a Munich court.

Should Samsung have failed today, it may have had to redesign the product all over again. But though at this stage this is only the denial of a preliminary injunction, it could be that later down the line Samsung products are banned nevertheless.

Apple continues to assert four different design-related patents are being infringed by ten Samsung smartphones and five Samsung tablets. It's clear that Apple will not let these go without a fight.

Image source: Samsung/CNET.

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Topics: Legal, Apple, Samsung, Tablets

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56 comments
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  • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

    Florian Mueller? I really wish you guys would find a real patent expert to quote.
    30otnix
    • MJ posted something interesting recently...

      @30otnix
      She mentioned that FM had contacted [i]her[/i], and my impression was that this was unsolicited...
      Zogg
      • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

        @Zogg
        Yes he does that to everyone. He is a really effective spam/troll bot.
        kirovs@...
  • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

    It is about time somebody put a stop to all this... The courts should just get a mediator and force the companies to work things out.
    slickjim
  • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

    It is about time somebody put a stop to all this... The courts should just get a mediator and force the companies to work things out.
    slickjim
  • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

    This is really sad and unbecoming of Apple. Why can't they just let it go already? They succeeded in getting Samsung to change the appearance of the tablet. It just looks like sour grapes and greed at this point. Yuck. Lawyers.
    lippidp
    • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

      @lippidp
      Don't blame the lawyers, they need work the same as everyone else. Who hired the lawyers?? There is the blame! As to the comment that Apple won't give up without a fight, if they keep getting knocked down and getting knocked out, they eventually won't have any fight left. Just saying!!!
      eargasm
  • Maybe if we can get Apple to sue Canonical over Unity

    Ubuntu would drop the interface. Yes, I say Yes! Let's turn this patent mess into something good for mankind! Say it with me: DROP UNITY NOW!
    happyharry_z
  • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

    Apple Lawyer: See, see, it looks identical to an iPad, well, it has a different shape and the letters S A M S U N G in silver on the front, but it is IDENTICAL! Yes, yes, even the widgets on the home screen... Oh, wait...
    wright_is
    • Chuckle

      @wright_is
      [b]+1[/b]
      rhonin
    • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

      @wright_is
      +1
      toddybottom_z
    • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

      @wright_is
      +1 :)
      William Farrel
    • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

      @wright_is

      Apparently Samsung's lawyers believe they're identical.

      http://gizmodo.com/5849803/even-samsung-cant-tell-the-difference-between-its-tablet-and-ipad
      msalzberg
      • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

        @msalzberg
        Yes that was before the redesign. Stop trolling and pay attention.
        kirovs@...
      • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

        @msalzberg Nice try but posting news that is 5 months old doesn't work!
        slickjim
    • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

      @wright_is
      Well, yes sir, it is the same. It is flat after all! If it was not for Apple suing the Greeks over iPad patents few millennia ago we would have still thought the Earth is flat.
      kirovs@...
    • Interesting to see the Apple fanbois scramble

      @wright_is
      Suddenly a court's decision doesn't count any more. When any court decision comes down against an Apple competitor, the Apple fanboi states "See, it was determined to be true in a court of law." When any court decision comes down against Apple, the Apple fanboi states "But that wasn't fair, the judge was wrong, the court was wrong, I have proof" as if the Apple fanboi's proof trumps the decision of a court judge.

      Why can't these Apple fanbois accept the verdict? The Galaxy Tab is not a slavish copy of the iPad. This has been determined in a court of law. That is all that counts.
      toddybottom_z
    • FACT: They had to REDESIGN it to get it approved

      @wright_is I guess fandroids keep forgetting that simple fact.

      REDESIGN means they were in violation before but did enough to be acceptably different .... what they should have done from the beginning.
      wackoae
      • Are you calling Apple a liar?

        @wackoae
        "but did enough to be acceptably different"

        Then why did Apple not drop the lawsuit? Apple didn't feel that the redesign was acceptable and continued the lawsuit. No ruling was ever made on the original design so none of us will ever know what the ruling would have been had Samsung not changed anything.

        The facts are that Apple sued Samsung and LOST.
        toddybottom_z
      • RE: Apple loses bid to ban Samsung's redesigned Galaxy Tab

        @toddybottom

        "The facts are that Apple sued Samsung and LOST."

        UGH, again with your ignorant misstatements of basic fact! No, the facts are nothing of the kind. Apple did not "sue" and lose. They filed for a preliminary injunction. Do you even know ANYTHING about the law?!?
        .DeusExMachina.