It looks like the case between Samsung and Apple over Samsung’s Galaxy Tab 10.1 is has taken another turn in Samsung’s favor, the original Galaxy Tab 10.1 was banned for sale in Germany last year.
Samsung appealed the decision and released a newly modified version of the Galaxy Tab 10.1 in Germany, called the Galaxy Tab 10.1N, although Apple once again tried to have this version banned for sale.
We heard back in December that the court was unlikely to rule in Apple’s favor, as they believed that the changes to the Galaxy Tab 10.1N were enough to distinguish the device from the iPad.
The German court has now ruled, and have denied Apple’s motion to have the Galaxy Tab 10.1n banned in the country, Foss Patents had to say about it.
The court determined that the 10.1N is reasonably distinct from Apple’s products and, therefore, does not constitute an infringement of Apple’s Community design (the EU equivalent of a U.S. design patent) or the German law against unfair competition.
Of course this isn’t the end of the matter, and no doubt Apple will appeal the decision or file another motion to have the device banned in Germany.
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