Court bans Samsung tablet from sale in Europe
Samsung says it's "disappointed" with a German court's ruling that the Galaxy Tab 7.7 infringes on Apple's patent.
- Appeals court in Germany rules the Galaxy Tab 7.7 infringes on Apple's iPad patent
- The tablet is now banned from sale across the European Union
- The Galaxy Tab 10.1N is allowed to be sold, however
- The original Galaxy Tab 10.1 had been banned, so Samsung changed its look
(Ars Technica) -- Samsung has taken another hit from Apple in Europe, thanks to an appeals court in Germany.
The court ruled on Tuesday morning that the Galaxy Tab 7.7 indeed infringes upon Apple's design patent for the iPad, and banned it from sale across the EU.
The Galaxy Tab 10.1N, however, managed to make its way through the cracks, with the court allowing it to be sold in Germany.
The Galaxy Tab 7.7 had already been banned from sale in Germany thanks to a decision from a lower court in late 2011. At that time, the court treated Samsung Germany as a separate entity from Samsung in Korea; the latter was able to continue selling the tablet throughout the rest of Europe.
Photos surface of a large, early-2000s iPad prototype
The Number: Samsung the new Apple?
Samsung wins court battle in UK
This was reversed on Tuesday when the Duesseldorf High Court decided that Samsung Germany was instead a local branch of the Korean company, resulting in the EU-wide ban. According to a statement released by the court, the Galaxy Tab 7.7 infringes upon Apple's registered EU Community Design for the iPad.
But Samsung didn't lose entirely. The appeals court also upheld a previous ruling that the Galaxy Tab 10.1N — the larger of Samsung's two tablets — had indeed been sufficiently changed from the original Tab 10.1 design, therefore differentiating it enough from the iPad.
The original Tab 10.1 had been banned in Germany last year for looking too much like Apple's iPad Community Design; Samsung eventually changed the look of the front and slapped an "N" on the device's name, qualifying it for sale in Germany.
Samsung vowed to continue fighting Apple, despite its win with the Tab 10.1N.
"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," the company said in a statement.
Samsung tablet 'not cool' says UK judge
Samsung predicts record profit as Galaxy dazzles
Review: Nexus 7 is best Android tablet yet
COPYRIGHT 2011 ARSTECHNICA.COM
Part of complete coverage on
updated 10:26 AM EST, Wed February 6, 2013
Advocates say the exam includes unnecessarily invasive and irrelevant procedures -- like a so-called "two finger" test.
updated 7:09 PM EST, Tue February 5, 2013
Supplies of food, clothing and fuel are running short in Damascus and people are going hungry as the civil war drags on.
updated 1:01 PM EST, Wed February 6, 2013
Supporters of Richard III want a reconstruction of his head to bring a human aspect to a leader portrayed as a murderous villain.
updated 10:48 AM EST, Tue February 5, 2013
Robert Fowler spent 130 days held hostage by the same al Qaeda group that was behind the Algeria massacre. He shares his experience.
updated 12:07 AM EST, Wed February 6, 2013
As "We are the World" plays, a video shows what looks like a nuclear attack on the U.S. Jim Clancy reports on a bizarre video from North Korea.
The relationship is, once again, cold enough to make Obama's much-trumpeted "reset" in Russian-U.S. relations seem thoroughly off the rails.
Ten years on, what do you think the Iraq war has changed in you, and in your country? Send us your thoughts and experiences.
updated 7:15 AM EST, Tue February 5, 2013
Musician Daniela Mercury has sold more than 12 million albums worldwide over a career span of nearly 30 years.
Photojournalist Alison Wright travelled the world to capture its many faces in her latest book, "Face to Face: Portraits of the Human Spirit."
updated 7:06 PM EST, Tue February 5, 2013
Europol claims 380 soccer matches, including top level ones, were fixed - as the scandal widens, CNN's Dan Rivers looks at how it's done.
updated 7:37 AM EST, Wed February 6, 2013
That galaxy far, far away is apparently bigger than first thought. The "Star Wars" franchise will get two spinoff movies, Disney announced.
updated 2:18 AM EST, Fri February 8, 2013
It's an essential part of any trip, an activity we all take part in. Yet almost none of us are any good at it. Souvenir buying is too often an obligatory slog.