German judge affirms ban on Galaxy tablets with round corners

German judge affirms ban on Galaxy tablets with round corners
A new court ruling has upheld the ban on Samsung's Galaxy Tab 10.1 in Germany.

The injunction was originally granted last month, and was extended to include the new Galaxy Tab 7.7 which has yet to even hit the market.



Just as with the earlier ruling, the injunction applies only to Samsung and not retailers. That means retailers are free to sell their remaining stock.

It does, however, apply to sales in most other EU countries by Samsung's German subsidiary. That was also included in the original injunction, but later reversed.

What makes this something of a symbolic gesture is the fact Samsung's European distribution center is located in the Netherlands, rather than Germany. Apple has filed a separate case there, where they have also requested a preliminary injunction.

A decision on that injunction is expected next week, after which it could go into affect October 15.

The larger issue, which Samsung is arguing as a defense, is how much the elements of the iPad deserve intellectual property protection. One of the key elements to the success of Apple's tablet is simplicity, which may be revolutionary but that doesn't automatically make it original or unique.

The design features Apple is "protecting" essentially boil down to making a thin tablet with a bezel on the front, and a data connection on the bottom. The images below, taken directly from Apple's filing for a Community design patent, represent are all the elements Apple's patent covers.

Click on a thumnail to see a larger image




Sascha Pallenberg of Netbooknews noted, "The judge basically said that only Apple is allowed to sell thin square tablets with round edges. That's just insane."

It's particularly ironic considering Steve Jobs' own admission, in 1994, that Apple has, "always been shameless about stealing great ideas."

Written by: Rich Fiscus @ 9 Sep 2011 12:11
Tags
Germany Apple iPad Samsung Galaxy Tab patent EU
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  • 5 comments
  • plutonash

    How does it extend to the 7.7" tablet, that's almost a different category than the 9.7" iPad. This is bad publicity for Apple in the public eye, they seem like the american bully keeping korean companies from prospering.

    "Cable thief is a victimless crime."

    9.9.2011 12:19 #1

  • xnonsuchx

    Originally posted by plutonash: How does it extend to the 7.7" tablet, that's almost a different category than the 9.7" iPad. This is bad publicity for Apple in the public eye, they seem like the american bully keeping korean companies from prospering.
    Bad publicity to mainly people who already hate you isn't much of a problem.

    9.9.2011 14:06 #2

  • xtago

    heaps of iphone users are starting to get android phones now though.

    the new iphone5 has a 8mp camera, there's android phones with 10 and 12 mp cameras in them now.

    Soon you'll get SLR stuff in the phone as well.

    9.9.2011 16:48 #3

  • plutonash

    Originally posted by xtago: heaps of iphone users are starting to get android phones now though.

    the new iphone5 has a 8mp camera, there's android phones with 10 and 12 mp cameras in them now.

    Soon you'll get SLR stuff in the phone as well.
    Which android superphone has a 10 mp camera?

    9.9.2011 18:54 #4

  • neomorph

    So, the Samsung Tablet also has the USB connector on the bottom ?
    If not, then the design does not match 100% and therefore does not violate this one, right ?

    14.9.2011 11:36 #5

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