KOREAN ELECTRONICS MAKER Samsung will not be allowed to sell its Galaxy Tab 10.1 in Germany after a Duesseldorf regional court upheld a preliminary injunction.
The ban had previously been active throughout the EU except the Netherlands but the court decided later not to enforce it outside Germany.
On Monday, Samsung pulled its just launched 7.7in Galaxy Tab tablet out of the IFA trade show.
Although Samsung is fighting the claims of alleged copying, Apple says that it "slavishly" ripped off its designs. Samsung argued that in fact they both used a design first seen in Stanley Kubrick's film production of Arthur C. Clarke's masterpiece 2001: A Space Odyssey. However, this proved to be more of a diversion as it wasn't considered legally convincing by the court.
Apple is taking also taking its case against Samsung to the Japanese courts as it continues to try to ban Samsung's Galaxy range of devices all around the world.
Samsung said it would appeal the German injunction. It said in a statement, "We are disappointed with this ruling and believe it severely limits consumer choice in Germany.
"We also believe that by imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry."
"Samsung will actively and immediately appeal this ruling in order to ensure that consumer choice in Germany is restored. It should be noted that today's decision is inconsistent with the Dutch court's ruling on August 24, which found the designs of Samsung's GALAXY range of products are distinctive and do not violate the cited design right."
"To defend our intellectual property rights and protect our freedom to innovate, Samsung will take all available legal options including continuing to aggressively pursue Apple Inc. for its ongoing violation of Samsung's wireless technology patents around the world." µ
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