updated 08:05 am EST, Tue January 31, 2012
Galaxy Tab still banned but for different reasons
A Dusseldorf appeals court ruled Tuesday to uphold Apple's requested preliminary ban on the Galaxy Tab 10.1 in its original form. The decision, which also covers the Galaxy Tab 8.9, is unusual in not working based on Apple's community design rights but on a breach of German unfair competition laws. As such, the verdict is limited specifically to Germany and can't go to other European Union member states.
The ruling still covers an initial ban and won't necessarily affect any permanent verdicts. It also doesn't make a decision on the patent-circumventing Galaxy Tab 10.1N, which a court has said is already likely to clear scrutiny. An initial decision on the 10.1N is due on February 9.
Apple is finding that a once-probable victory using its design rights for the iPad has been slipping away. The Netherlands rejected an early ban on the Tab 10.1 just last week. If the 10.1N, 7.0N, and other modifications also stay on the market, it will also mean that fewer modifications are necessary than Apple would like for competitors to stay on the market.
Even so, Samsung is losing its claims in Germany and just on Tuesday was the subject of an EU investigation for alleged abuse of its 3G patents, possibly giving it little ammunition to respond to Apple. [via Florian Mueller]