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German court upholds injunction against Samsung Galaxy Tab 10.1, Apple wins nationwide ban

Amar Toor, @amartoo
09.09.11
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A German court has weighed in on Apple's seemingly interminable patent battle against Samsung, and it isn't looking good for Galaxy Tab users. In a ruling issued today, a Düsseldorf Higher Regional Court upheld last month's preliminary injunction, banning the sale of the Galaxy Tab 10.1 within Germany. Citing the slate's "minimalist, modern form," presiding judge Johanna Brueckner-Hoffmann determined that Samsung's tablet bears a "clear impression of similarity" with the iPad 2, thereby meriting a nationwide ban. "The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer," Brueckner-Hoffmann explained, "other designs are possible." Earlier this week, as you may recall, Apple won a separate injunction against the Galaxy Tab 7.7 in Düsseldorf, though Samsung can still appeal that decision in a lower court. The court stopped short, however, of calling for an EU-wide injunction against the 10.1-inch slate, arguing that "it could only be competent to order a Europe-wide ban for a firm headquartered outside the European Union if this firm has a German subsidiary." Samsung, meanwhile, plans to appeal the ruling in a higher court, with a company spokesman issuing a now all-too familiar statement: "We are disappointed with this ruling and believe it severely limits consumer choice in Germany."

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