Apple wins Galaxy Tab banned in Germany
The District Court Düsseldorf has just ruled that Samsung infringed the design rights from Apple. The Galaxy Tab 10.1 thus remains banned in Germany.
This report several German media and reporters who are on site via Twitter.
The court ruled that Samsung with its tablet violates a series of sketches of flat screen computer with large and rounded corners "from Apple in 2004. These models are registered Europe-wide " Community Designs ".
No authority of Samsung Korea
On August 9 Apple did with an ex parte injunction from the Galaxy Tab 10.1 banned across Europe . But after one week, this was largely reversed , as there were doubts whether the German courts have jurisdiction over what Samsung had Korea in countries other than Germany does.
The court acknowledges that it has now indeed Samsung Korea has no authority as far as regards its activities outside Germany. Samsung is not headquartered in the EU and the Korean parent company and its German subsidiary eg "legally independent companies with their own name and business."
Apple inaccurate evidence
Macworld revealed that at least one image of the Galaxy Tab in the summons was false or manipulated. The dimensions and proportions were altered so that the tab in the document seemed more like an iPhone than the real 2 Tab.
At the hearing the parties accused one another of visual evidence of tampering . The court upheld the temporary prohibition of trade to Germany for the award. The current ruling reaffirms the ban.
Diametrically at Hague ruling
The decision runs directly counter to the previously announced decision of the court in The Hague. Who ruled that Samsung with any device , smartphone or tablet, infringed the design rights from Apple.
Indeed, the Hague court Brinkman hinted that Apple registered models of the tablet computer was too basic.
Moreover, there are so-called prior art , including that of Knight Ridder, a tablet concept in 1994, please note that Apple has worked.
Galaxy Tab 7.7 also captivated
Last week, Samsung had a sudden the little brother of 10.1, the Galaxy Tab 7.7 of the IFA electronics fair in Berlin remove . This after a judge Apple's claim to a provisional ban on smaller tablet was approved.
The ruling and reasoning of the court Düsseldorf are only published online in a week, says the court in a statement.
"We are disappointed with this ruling and believe that consumer choice in Germany drastically reduced", responding to the IDG News Service Samsung.
Update: 15:10 : added Samsung reaction.
source
This report several German media and reporters who are on site via Twitter.
The court ruled that Samsung with its tablet violates a series of sketches of flat screen computer with large and rounded corners "from Apple in 2004. These models are registered Europe-wide " Community Designs ".
No authority of Samsung Korea
On August 9 Apple did with an ex parte injunction from the Galaxy Tab 10.1 banned across Europe . But after one week, this was largely reversed , as there were doubts whether the German courts have jurisdiction over what Samsung had Korea in countries other than Germany does.
The court acknowledges that it has now indeed Samsung Korea has no authority as far as regards its activities outside Germany. Samsung is not headquartered in the EU and the Korean parent company and its German subsidiary eg "legally independent companies with their own name and business."
Apple inaccurate evidence
Macworld revealed that at least one image of the Galaxy Tab in the summons was false or manipulated. The dimensions and proportions were altered so that the tab in the document seemed more like an iPhone than the real 2 Tab.
At the hearing the parties accused one another of visual evidence of tampering . The court upheld the temporary prohibition of trade to Germany for the award. The current ruling reaffirms the ban.
Diametrically at Hague ruling
The decision runs directly counter to the previously announced decision of the court in The Hague. Who ruled that Samsung with any device , smartphone or tablet, infringed the design rights from Apple.
Indeed, the Hague court Brinkman hinted that Apple registered models of the tablet computer was too basic.
Moreover, there are so-called prior art , including that of Knight Ridder, a tablet concept in 1994, please note that Apple has worked.
Galaxy Tab 7.7 also captivated
Last week, Samsung had a sudden the little brother of 10.1, the Galaxy Tab 7.7 of the IFA electronics fair in Berlin remove . This after a judge Apple's claim to a provisional ban on smaller tablet was approved.
The ruling and reasoning of the court Düsseldorf are only published online in a week, says the court in a statement.
"We are disappointed with this ruling and believe that consumer choice in Germany drastically reduced", responding to the IDG News Service Samsung.
Update: 15:10 : added Samsung reaction.
source
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