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Apple denied second shot at Dutch ban on Galaxy Tab 10.1

updated 07:35 am EST, Tue January 24, 2012

Aplpe denied Netherlands appeal on Galaxy Tab ban

Apple on Tuesday lost its appeal to try to include the Galaxy Tab 10.1 in a partial, preliminary Samsung device ban in the Netherlands. Shifting from software to hardware, the court decided that the Android tablet could only be compared against an early design Apple registered in 2004 and not the original iPad of 2010. There was enough difference between those to clear Samsung, according to the judge in The Hague.

Among the extra considerations were Canadian and Japanese design patents, HP's Compaq TC1000 tablet PC, and an early Knight Ridder tablet concept.

It also decided against an early ban on the Tab 10.1V, the original design that Samsung had showed before it was caught off-guard by the iPad 2 and completely redesigned its own casing.

Samsung's local mobile marketing head Geert Mol was "delighted" with the verdict, which it claimed proved the Tab 10.1 was "distinctive." Apple was being made to pay 207,000 euros ($269,235) in court costs to Samsung as compensation. Mol wouldn't speculate as to whether the Dutch verdict could be used as legal support elsewhere, although the Dutch court had to build its case off of the German instance and narrowed the scope of Apple's coverage.

The appeal gives Samsung some uncommon relief in Europe, where it has faced in bans in Germany and the Netherlands. Samsung's main chance at getting clearance in Germany may have to be the redesigned Galaxy Tab 10.1N and could see Samsung only cleared just in time for a direct sequel to the Tab 10.1 at Mobile World Congress in late February. [via Florian Mueller and Nu.nl]



By Electronista Staff
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Comments

  1. chippie

    Fresh-Faced Recruit

    Joined: May 2009

    0

    Sounds More Than Just To Me!!

    What could the German court have been thinking in the first place? Idiocy.

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    -2

    Judges??

    In other words, it sounds like these judges don't really know anything about "looks," design. differentiation. They have to look at what another court decided where its judges are the same way! Apple spent zillions, in secret research, and no doubt design (Jobs was NEVER interested in copying what someone else had done) Apple came up with a formula which most people (except judges) have loved. I suspect none of these judges have really spent anytime with these objects. It's funny how these high court people can claim to be on the side of the "consumer" whereas when it comes to real justice, they are not.

  1. Arne_Saknussemm

    Forum Regular

    Joined: Apr 2011

    -4

    "Judges??" part Deux...

    So the judges decision is fair ONLY when it suits Apple?

    Hmmm...
    Where's Steve's distortion reality field when you need it?
    Ah but of course, on the iCloud!

  1. Raman

    Mac Elite

    Joined: Mar 2001

    -1

    Copycats

    Turn the screen off on the Samsung and and iPad 1 and ask a member of a jury to quickly pick out the iPad. I bet they get it wrong 1/2 the time.

  1. Arne_Saknussemm

    Forum Regular

    Joined: Apr 2011

    -1

    Exactly!

    On all modern data access devices it's WHATS ON THE SCREEN that matters,

    Is this not what all you iFans argue?

    The interface,
    The "Eccosystem",
    The "user experience",
    Etc, Etc, Etc...

    Now all of the sudden,
    Apple fails,
    and the "user experience" plus all of the above are not that important anymore!!

    Hey Bobfozz,Raman, get your fairness level checked.

    Samsung and others might or might not have taken things from Apple or each other(have you forgotten how the iPhone "suddenly" sported home screen widgets just like Android's?)
    but on this particular instance being judged Apple IS wrong PERIOD.

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