The Landgericht Düsseldorf rejected Apple's application for interim injunction against the Galaxy Tab 10.1N. Apple wants to get it banned in Europe, such as N-TV reported. The changes made by Samsung at the device changes were sufficient preliminary assessment, said Judge Joan Brueckner-Hofmann. It differs significantly enough from Apple's design.
A broader context and the larger manufacturer's logo of the Galaxy Tab 10.1N were "something that immediately catches the eye," N-TV quoted the presiding judge. Apple's lawyer was therefore on the other hand, the overall design had remained the same. "If someone wants to offer even a tablet computer in the same market segment and price, but the unit must differ sufficiently."
Galaxy Tab 10.1N (Image: Samsung)Galaxy Tab 10.1N (Image: Samsung)
That the court saw it differently: It came to no so-called "home-deception." Based on the large logo, the Samsung device is to be distinguished unambiguously from the iPad. Finally, Apple and Samsung are "known as the Federal Chancellor."
End of November, Samsung had begun to deliver the modified version of its Android Tablets in Germany. It differs from the original version mainly through two design changes: First, stretches around the new 10-inch tablet a wider metal strip, which extends to the front. Secondly, the position was changed to the speakers, which are now attached to the upper longitudinal side of the case.
A few days later, Apple sought an injunction in District Court Dusseldorf. A complaint should also prevent the sale of the Galaxy Tab 10.1N in the European Union. His decision is expected on 9, the court Proclaim February.
The Düsseldorf Regional Court had on 9 August at the request of Apple imposed a ban for the Galaxy Tab 10.1 within the European Union except the Netherlands. In September, it confirmed its decision to ban the sale of a limited but on the territory of the Federal Republic of Germany. Apple accuses Samsung patent infringement and unfair competition. It should have for its iPhone smartphones and tablets of the Galaxy product line and other mobile phones, the user interface and other design elements of Apple's iPad and copied.
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