German court okays Samsung tablet sales
The Dusseldorf court that banned sales of the Galaxy 10.1 on Sept. 9 is unlikely to grant Apple an injunction against the Galaxy 10.1N, Presiding Judge Johanna Brueckner-Hofmann said at a hearing yesterday that Samsung has changed the device’s design sufficiently to distance it from the iPad, adding that the view is preliminary. A ruling was scheduled for Feb. 9.
“Consumers are well aware that there is an original and that competitors try to use similar designs, so buyers are vigilant when looking at products,” Brueckner-Hofmann said. “We don’t think that someone buys a Samsung to make his table neighbor at the coffee house believe he owns an iPad.”
Apple has faced setbacks in its legal fight against Samsung since its initial September success in Germany. An Australian court on Dec. 9 failed to reinstate a ban in that country and two days ago, a Dusseldorf court voiced doubts about the reach of Apple’s European Union design right, the basis for the company’s Sept. 9 injunction.
The new Samsung tablet has thicker edges and the front screen has speakers which distinguish it from the iPad, the court said. There is also a broad Samsung label that ensures consumers aren’t confused, it said.
Apple’s lawyer Matthias Koch argued that Samsung is still exploiting the reputation of the iPad.
“That’s the typical strategy,” Koch said: “You try to come as close as possible to the original and if you can no longer do it you introduce marginal changes. Even the packaging is one-to-one like that of the iPad.”
Samsung lawyer Thomas Musmann argued that Cupertino, California-based Apple is trying to monopolize the tablet format. “It’s not that there were no other tablets around and that all that came after the iPad are an illicit copy,” Musmann said.
Technology companies, including Suwon, Korea-based Samsung, Apple, Microsoft Corp. and Motorola Mobility Holdings Inc. are fighting in courts around to world to stake out intellectual property claims in the growing market for tablets. Bloomberg
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