Samsung avoids Galaxy Tab 10.1N ban in Germany for now
updated 07:45 am EST, Thu February 9, 2012
Galaxy Tab 10.1N avoids preliminary ban
Samsung got a reprieve on Thursday after a Dusseldorf court ruling (PDF) denied Apple's call for a preliminary ban on the Galaxy Tab 10.1N. Fulfilling early expectations, the judge determined that the 10.1N was sufficiently different from the iPad to avoid confusion over Apple's claimed design rights. The court also tossed ideas that even the consciously modified Tab 10.1N was breaking competition rules by unfairly using a similar product.
As preliminary finding, the clearance doesn't completely the risk of a ban for Samsung in the future. The typical length of full trials, however, could see the modified Galaxy Tab 10.1N already off of shelves in time for the Galaxy Tab 11.6 to appear, possibly negating any advantage in winning the lawsuit.
A win for the Tab 10.1N may help Motorola's defense of the Xoom over similar issues, although interpretations can vary from judge to judge. Samsung has both argued that prior art exists and that Apple's design rights are too generic. [via Florian Mueller]
