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German court upholds ban on Samsung Galaxy Tab 10.1

Apple is on a winning streak
Tue Jan 31 2012, 12:38

A BAN on Korean firm Samsung's Galaxy Tab 10.1 in Germany has been upheld by a Duesseldorf court.

The ruling ends Samsung's bid to overturn the ban in the country. According to Reuters, Samsung lost its appeal after the court ruled in favour of Apple.

Samsung has redesigned the tablet specifically for the German market, and renamed it the Galaxy Tab 10.1 N. Apple challenged the reworked version, but last month a German court rejected its claims in a preliminary judgment. A final ruling will be made on 9 February.

Samsung has countersued Apple in Germany, and the court in Mannheim has ruled against Samsung relating to two of the patents. Last week, we reported that Samsung lost a second court case against Apple's Iphone in Germany.

The tit for tat patents war between the two companies continues. However, a Samsung official told the Korean Times that a cross-licensing agreement could be the next step, saying, "It's too early to talk about a cross-licensing agreement, but we have to admit that is a scenario that has become likelier than before."

The latest decision addresses one part of Samsung's arguments that Apple's 3G wireless technology infringes its patents.

The court cases come after Apple sued Samsung last year, saying Samsung's products "slavishly" copied the Ipad and Iphone. Samsung then countersued Apple and legal battles between the two companies spread across the globe.

Earlier this month, Samsung failed to win a ban on the Iphone 4S in Italy.

Meanwhile, in December Apple lost in an early court decision over the future of the Samsung Galaxy Tab 10.1 in Germany after Samsung changed the design of the device.

Also in January, Apple filed two more lawsuits in Germany, one that alleges design patent infringements in ten of Samsung's smartphones and another that levels similar charges for five of its tablets. Apple has asked for bans on sales of Samsung's devices.

The court is due to decide on the third patent case on 2 March.

Samsung told us, "Samsung is disappointed with today's decision by the Dusseldorf Higher Regional Court to uphold the sales ban for the Galaxy Tab 10.1 in Germany. It should be noted that today's ruling is of little factual relevance due to the new model Galaxy Tab 10.1 N, and that the decision therefore is of no indicative value with respect to other legal proceedings involving the Galaxy Tab 10.1 N.

"Samsung will continue to take all appropriate measures, including legal action, to ensure continued consumer access to our innovative products." µ


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