updated 10:30 am EDT, Thu August 25, 2011
Galaxy Tab 10.1 ban in Germany to stay for now
Samsung was dealt a setback Thursday after a Dusseldorf court upheld Apple's request for a preliminary ban in Germany on the Galaxy Tab 10.1. The judge determined that, while Apple wasn't necessarily right, Samsung hadn't made a strong enough case to overturn the ban. Samsung's tablets now can't be sold in Germany until at least a ruling on September 9.
The court disagreed with Samsung's accusations of widespread distortion in the images Apple used to secure the original ban. Community design rights gave Apple at least a "medium range of protection," the judge said, if not a "broad" claim. As such, the exact details Samsung was challenging weren't vital.
None of the hearing on Thursday decided on whether the court had an authority to ban the Galaxy Tab 10.1 across the EU. The ban only directly affects Samsung Germany and, because of its corporate relationship to Samsung Korea, might not see the ban go beyond the country.
The sustained verdict compounds Samsung's problems and follows just a day after a Dutch ban on Galaxy phones that does affect other European countries, but not the Galaxy Tab. Samsung has legal action against Apple as well but, with Apple getting early successes, might have little choice but to operate on at least some of its rival's terms and settle.