updated 05:35 pm EST, Tue November 29, 2011
Samsung loses try at evading ban with Galaxy Tab
Samsung's attempt at avoiding legal action through the Galaxy Tab 10.1N was shot down on Tuesday after Apple requested a preliminary ban in a German court. A Dusseldorf court will hear Apple's request on December 22 and could see the Android tablet banned in at least Germany and potentially the European Union. Sales will continue in the meantime.
Apple may also have taken care to cover more of Samsung's business versus the original ban. Unlike the last dispute, Apple will have targeted both the parent Samsung company as well as Samsung Germany, preventing any loopholes.
The move is likely to frustrate Samsung, which had tried a conspicuously different design in hopes that it would work around Apple's design rights and keep the Galaxy Tab 10.1 on sale in one of the largest European markets. While having slightly over a month of extra sales could help mitigate the damage, it would also see the tablet banned for most of its existence if the 10.1N is also blocked.
Unlike patent lawsuits from Microsoft or others, Apple is believed to have a genuine ideological opposition to Samsung's overall design for the Galaxy Tab and has even considered its use of Android an almost secondary issue in Germany. Small modifications wouldn't necessarily assuage Apple in this circumstance.
Samsung has tried to contend that Apple's design rights are too generic and cover virtually every thin slate with a screen. The Korean company didn't help its case earlier in the year, however, when it planned a complete ergonomic redesign of the Galaxy Tab 10.1 solely to beat the iPad 2 after making a bad presumption that Apple wouldn't upgrade the iPad despite its known track record of yearly iOS updates.