While Apple and Samsung continue to bicker bitterly over the patent infringement claims that they’ve slammed against each other, a German court ruling has brought the South Korean-based, Samsung, its first major setback. Apple's injunction appeal at the Dusseldorf court, Germany, has met with success. Bloomberg reports, that during the course of the investigation, the court did not study and compare between the design of the actual iPad, but looked at the design registered by Apple at the European Union intellectual property agency in Alicante, Spain.
Banned in Germany
In a statement provided by the Presiding Judge, Johanna Brueckner-Hofmann, which subsequently appeared in this report, it was quoted that, “Samsung’s tablet didn’t keep enough distance from the Apple design. While the back of the Galaxy is different from Apple’s registered design, the important feature is the front, which is nearly identical. ” She added, “The crucial issue was whether the Galaxy tablet looked like the drawings registered as a design right. Also, our case had nothing to do with trademarks or patents for technology.”While the verdict reportedly would not affect the sale of Samsung's coveted Galaxy Tab 10.1 anywhere else in the EU, its sales in Germany have taken a beating.
Earlier this month, Samsung faced a rude shock when it was compelled to remove its Galaxy Tab 7.7 from the well-attended IFA 2011held in Berlin, owing to this patent battle lurking in the background.
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