Apple is now doing a celebratory dance as the German court in Düsseldorf sided with them and handed down a permanent ban on Samsung’s Galaxy Tab 10.1. The court declared that the Samsung tablet clearly copied the iPad, as it too had a flat screen and rounded corners.
Judge Johanna Brückner-Hoffmann, presiding judge over the case, stated that there was a “clear impression of similarity” between the two products.
Though the ban was awarded, it wasn’t what Apple was hoping for, as it filed to ban the product in all of Europe. But the court limited the ban only to Germany, stating that “it could only be competent to order a Europe-wide ban for a firm headquartered outside the European Union if this firm has a German subsidiary.”
To clarify, Samsung Germany is not to sell the Galaxy Tab 10.1 in Germany and counties belonging to the European Union, but other Samsung divisions in Europe can sell the Galaxy Tab 10.1 in the European Union except Germany.
Samsung is not happy with the ruling and is set to take the matter in the Düsseldorf Higher Regional Court. A spokesperson for the Korean firm stated that, “By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry.” They believe that the ruling is inconsistent with the August 24 ruling in the Dutch court. Also Samsung vowed that they will keep on filing counter-lawsuits until Apple is proven guilty of infringing their wireless technology.
“We will take all available legal options including continuing to aggressively pursue Apple for its ongoing violation of Samsung’s wireless technology patents around the world,” the Samsung spokesman said.
This win is such a huge ego boost for Apple, as the company will surely take this as a sign that they can win all their cases filed around the globe against Samsung. They recently filed in a Japan court, and they have ongoing cases in the US, Australia and Seoul, Korea.