Apple has won its lawsuit against Samsung who has now lost the right to sell thein Germany because it looks too much like Apple’s , the district court in Düsseldorf ruled on Friday.
This ban actually restricts Samsung Germany from selling the device in any other European Union country, although other Samsung divisions may sell into those countries.
Samsung will appeal the decision in the Düsseldorf Higher Regional Court, a Samsung spokesman said.
I am shocked that this claim actually went through, if you have taken the time to look at the patent that Apple used to get this injunction it could be applied to any tablet on the market.
The Samsung spokes person even comments that “By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry,” adding that the decision is inconsistent with the August 24 ruling by a Dutch court on a separate case involving the two companies, which found the designs of Samsung’s Galaxy products don’t violate Apple’s design right.
In the German case, Apple was granted a preliminary injunction about a month ago preventing Samsung from selling the tablet in all E.U. countries except the Netherlands, where a separate case is pending. A week later the ban was lifted in all countries except Germany, because the court wasn’t sure it had the authority to stop a South Korean company from selling its products outside Germany.
On August 25, the injunction was upheld, following a hearing that focused on the accuracy of evidence supplied by Apple, with Samsung accusing Apple of deliberately distorting images of the10.1 so that it looked more like the 2. Earlier, an investigation by IDG publication Webwereld showed that at least one of the Galaxy Tab pictures that Apple provided as evidence in the case was wrong or had been manipulated.
Its a sad day for global innovation when Apple can take down its biggest competitor with a patent that could apply to all tablets!!