Preliminary injunction against Galaxy Tab 10.1 upheld in German court

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Apple (s aapl) won another victory in court Thursday in its ongoing patent dispute with Samsung, when German judges upheld the existing preliminary injunction against the Galaxy Tab 10.1 tablet device. The injunction, which bars sales of the Galaxy Tab 10.1 in Germany, and could have implications for the rest of Europe, will now remain in effect at least until the court issues a ruling on Sept 9.

News of the decision comes from Andreas Udo de Haes, who was in attendance at the hearing and live-tweeting the action. During the hearing, Samsung raised the issue of allegedly doctored photos, citing 27 examples of distorted images that misrepresent the actual Tab product. Judges seemed unimpressed with these arguments, reports Florian Mueller of FOSS Patents, and seemed to side with Apple’s point of view that the design of the Samsung tablet bore a close resemblance to the iPad.

On Aug. 16, the German court lifted the part of the injunction which barred sales of the Galaxy Tab throughout the rest of the EU, and that decision still applies, so the upheld injunction continues to affect only Germany for now. Also, the nature of the preliminary injunction requires that it the case in question be an urgent one, so if Samsung can prove that Apple had knowledge of its designs before Apple claims to have learned of them, it could get the injunction lifted on Sept. 9. But the burden of proof is on Samsung, and Mueller says that makes it an uphill battle. He believes the injunction will remain in place after the early September decision, based on what happened today.

Apple and Samsung saw a ruling from a Dutch court only yesterday that contained both good and bad news for both companies, and more action related to patents is ongoing in other countries around the world, including in the U.S. Thursday’s decision definitely adds to the case Kevin made about a tablet market that could be artificially limited in the future based on legal decisions.

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Ziad K.

“Apple won another victory in court …”
Are you aware Apple lost the first one ?

Samsung only has to change an app, court found no infringement in 9 out of 10 claims.

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