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  • Samsung Galaxy Tab 10.1 Ban in Germany Upheld by Court on New Grounds


    A German appeals court recently sided with Apple in upholding an earlier ruling which banned Samsung from selling the original versions of its Galaxy Tab 10.1 and 8.9 in Europe’s biggest economy. The decision which was made by the Düsseldorf Higher Regional Court (DHRC) upholds rulings from last September but does so based on Germany’s unique unfair competition law rather than the earlier court’s finding that Samsung committed a violation of Community design. This being the case, Apple’s won’t be seeing the same success replication the decision in other European countries, according to legal analyst Florian Mueller.

    Samsung succeeded in defeating design-right claims by Apple that could have contributed to a broader, more material ruling covering most of the European Union. The ruling applies to both the Galaxy Tab 10.1 and smaller GalaxyTab 8.9 but does not affect the GalaxyTab 10.1N, which is a modified version of the infringing tablet that Samsung concocted in an attempt to bypass the German ban. The model remains on sale ahead of formal ruling on the matter by the DHRC expected on February 9th.

    Samsung is just one of the many mobile device markers that Apple is fighting in courts across the globe over alleged intellectual property violations. It also has sued electronics makers in the United States and other parts of Europe, Australia, Japan and Korea. Samsung just happens to be one of the company’s that has fired back with counter-suits claiming that Apple’s devices infringe on three of its patents but has so far lost rulings on two of the three, with the final patent to be addressed in a March 2nd ruling.

    Source: Florian Mueller
    This article was originally published in forum thread: Samsung Galaxy Tab 10.1 Ban in Germany Upheld by Court on New Grounds started by Akshay Masand View original post
    Comments 14 Comments
    1. feidhlim1986's Avatar
      feidhlim1986 -
      I'd say we could change the site name to modmysamsung now. Feels like I see more Samsung articles here than Apple ones.

      Yes I know this ban is as a result of Apple, but these articles do nothing but repeat the same tired arguments in the comments.
    1. duromega's Avatar
      duromega -
      hahahaha
    1. bigliquid530's Avatar
      bigliquid530 -
      Can't believe they are still going thru this bull
    1. rabbit_'s Avatar
      rabbit_ -
      I had a Samsung 10.1 what a pile of **** motherboard fried sent it back got it fixed week later had to send it back again had it 4 months got to play with it for a week
    1. GmAz's Avatar
      GmAz -
      Ummmm...the original 10.1 and 8.9. Are those even sold anymore?
    1. GrandMstrBud's Avatar
      GrandMstrBud -
      So glad I sold my iPads and have the Samsung Galaxy 10.1 tablet. I love it and no waiting for jailbreaks to be able to do what I want with it.
    1. rabbit_'s Avatar
      rabbit_ -
      Quote Originally Posted by GrandMstrBud View Post
      So glad I sold my iPads and have the Samsung Galaxy 10.1 tablet. I love it and no waiting for jailbreaks to be able to do what I want with it.
      Are you nuts galaxy tab is poorly made mine screen was coming off at corners the lag on it was terrible only way that can run is put a custom Tom on it soon as its out the box not to mention anything good on it is via widget plus the amount of protection you need on it due to it been open source not to mention the devs that work on the apps are getting robbed due to the fact that you can get the cracked version s straight from the market place utter **** tablet apple stuff is so much more better
    1. mbouchamekh's Avatar
      mbouchamekh -
      If apple was really strong, it wd better win in the market, not in the court, I believe the court is made 4 weeks to grab snatch their rights from strings, isn't?
    1. MetallicaFan1991's Avatar
      MetallicaFan1991 -
      Samsuck!

      Android has no good tablet apps anyway, App Store has amazing apps that Android can only dream off.
    1. jOnGarrett's Avatar
      jOnGarrett -
      Quote Originally Posted by rabbit_ View Post
      Are you nuts galaxy tab is poorly made mine screen was coming off at corners the lag on it was terrible only way that can run is put a custom Tom on it soon as its out the box not to mention anything good on it is via widget plus the amount of protection you need on it due to it been open source not to mention the devs that work on the apps are getting robbed due to the fact that you can get the cracked version s straight from the market place utter **** tablet apple stuff is so much more better
      you're full of ****, there's absolutely NO lag on the Galaxy Tab 10.1 NONE !!! stop spread lies and rumors. you dont even have a Galaxy Tab 10.1
    1. rabbit_'s Avatar
      rabbit_ -
      Quote Originally Posted by jOnGarrett View Post
      you're full of ****, there's absolutely NO lag on the Galaxy Tab 10.1 NONE !!! stop spread lies and rumors. you dont even have a Galaxy Tab 10.1
      What ever buddy
    1. stldirty's Avatar
      stldirty -
      <snip>
      or...we could have an apple employee scan for these POS apps for us.

      i've rather grown to like knowing an app won't screw me over without my consent.

      And Android devices definitely do lag btw. There's an issue with how the os is coded.
    1. Breezer23's Avatar
      Breezer23 -
      Are judges in the technological stone age? The two tablets are nothing alike. With the changes Samsung made they are even further apart. I guess when it's trendy to use Apple products, it's easier to buy decisions from the courts - especially if they use your product. Innovation breeds imitation, it happens in all industries. Imitation breeds more innovation and the cycle continues.

      As for the lag discussion, the Galaxy Tab does experience more lag than the iPad 2. My iPad 1 is laggy as hell ever since iOS 5.0 was installed. Just another sad day for consumers in Europe but I suppose they brought it on themselves. Europe allows the government to control every aspect of their lives so why not here as well?
    1. feidhlim1986's Avatar
      feidhlim1986 -
      Looks like ze Germans changed their mind.
      http://online.wsj.com/article/SB1000...204521908.html