Rich Fiscus
9 Sep 2011 12:11
A new court ruling has upheld the ban on Samsung's Galaxy Tab 10.1 in Germany.
The injunction was originally granted last month, and was extended to include the new Galaxy Tab 7.7 which has yet to even hit the market.
Just as with the earlier ruling, the injunction applies only to Samsung and not retailers. That means retailers are free to sell their remaining stock.
It does, however, apply to sales in most other EU countries by Samsung's German subsidiary. That was also included in the original injunction, but later reversed.
What makes this something of a symbolic gesture is the fact Samsung's European distribution center is located in the Netherlands, rather than Germany. Apple has filed a separate case there, where they have also requested a preliminary injunction.
A decision on that injunction is expected next week, after which it could go into affect October 15.
The larger issue, which Samsung is arguing as a defense, is how much the elements of the iPad deserve intellectual property protection. One of the key elements to the success of Apple's tablet is simplicity, which may be revolutionary but that doesn't automatically make it original or unique.
The design features Apple is "protecting" essentially boil down to making a thin tablet with a bezel on the front, and a data connection on the bottom. The images below, taken directly from Apple's filing for a Community design patent, represent are all the elements Apple's patent covers.