Despite being cleared by a judge in the United Kingdom, Samsung’s Galaxy devices haven’t had the same success in Germany. The Dusseldorf Higher Regional Court has ruled in favor of Apple and placed a ban on the Samsung Galaxy Tab 7.7 across the whole of the European Union. It has, however, cleared the Galaxy Tab 10.1N.
The Galaxy Tab 10.1N is a modified version of the Galaxy Tab 10.1 designed specifically to avoid injunctions like these, and Samsung’s changes have paid off this time around. The Korean company said in a statement to The Verge that it “welcomes” this decision, and that Apple’s persistent legal claims on such a generic patent could restrict innovation and progress in the industry:
“Samsung welcomes the court’s ruling which confirms our position that the GALAXY Tab 10.1N does not infringe Apple’s intellectual property and does not infringe laws against unfair competition. Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”
Samsung didn’t have the same luck with its Galaxy Tab 7.7, however, which is now banned across the EU. The smaller device was initially only banned in Germany, but the most recent ruling means it cannot be sold anywhere within the EU.
Samsung said it was “disappointed” with this decision:
“Samsung is disappointed with the court’s ruling. We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple’s claims to ensure our products remain available to consumers throughout the European Union.”
Samsung’s luck appeared to be looking up earlier this month, when a U.K. judge ordered that its Galaxy devices were not guilty of infringing Apple’s intellectual property. It seems, however, that not every judge feels the same way.
Source: The Verge