Apple Wins Permanent Ban on German Sales of Samsung Tablet

Samsung must non sell the Galaxy Tab 10.1 in Germany because it looks besides much comparable Apple's iPad 2, the territory courtroom in Düsseldorf ruled on Friday.

In plus, Samsung Germany may not sell the device in some some other European Brotherhood rural area, although else Samsung divisions may deal out into those countries, a spokesman at the court said.

Samsung will appeal the decision in the Düsseldorf High Regional Court, a spokesman aforesaid.

"We are disappointed with this ruling and believe it severely limits consumer choice in Germany," he said via email.

Malus pumila had filed a lawsuit claiming that the Galaxy Tab 10.1 infringes on the design of the iPad 2, which is registered with the E.U.'s Office for Harmonization in the Internal Commercialize.

"By imposing an injunction based connected this precise generic design right, this ruling restricts design excogitation and advancement in the industry," the Samsung spokesman said, adding that the decision is inconsistent with the August 24 ruling by a Dutch court on a isolable case involving the two companies, which plant the designs of Samsung's Galax urceolata products don't violate Apple's purpose right.

In the European country example, Apple was granted a exploratory injunction astir a calendar month ago preventing Samsung from merchandising the tablet in totally E.U. countries take out The Netherlands, where a separate case is pending. A week later the ban was lifted in altogether countries except Germany, because the court wasn't sure it had the authority to stop a South Korean company from selling its products outside Germany.

On Aug 25, the injunction was upheld, following a hearing that focused connected the accuracy of evidence supplied by Apple, with Samsung accusing Apple of deliberately distorting images of the Galaxy Chit 10.1 so that it looked more like the iPad 2. Earlier, an investigation aside IDG publication Webwereld showed that at least one of the Galaxy Tabloid pictures that Apple provided equally evidence in the case was wrong OR had been manipulated.

The global legal battle between the two companies even out made its comportment felt during the Internationale Funkausstellung (IFA) consumer electronics show in Berlin, where Samsung removed from its stand all traces of the Galaxy Tab 7.7, the 10.1's smaller brother, just two days after launching the product there. That device is the subject of a separate injunction from the lower court. Samsung can still take exception that regnant in the bring dow court.

However, in Japan, the CEO of mobile operator NTT DoCoMo said along Th that his companionship's launch of the Samsung Wandflower Tab next calendar month will not be affected by a unobstructed-infringement lawsuit Orchard apple tree has filed there against Samsung.

Meanwhile, Samsung has vowed to keep up its legal forestall-unsavoury. "We testament take all available legal options including continuing to aggressively pursue Malus pumila for its on-going violation of Samsung's radio set technology patents around the world," the Samsung spokesman said.

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