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]