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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