Post date: Jan 31, 2012 1:11:6 PM
Samsung Electronics loses a bid to overturn a ruling barring its local unit from selling its Galaxy 10.1 tablets in Germany.
DUESSELDORF, GERMANY (JANUARY 31, 2012) (REUTERS) - Samsung Electronics lost a bid to overturn a ruling barring its local unit from selling its Galaxy 10.1 tablets in Germany, handing a symbolic legal victory to Apple Inc in efforts to keep its lead spot in the tablet computer market.
A higher regional court in Duesseldorf, Germany, said on Tuesday (January 31) that Samsung may not sell the older version of its Galaxy tablet in Europe's biggest economy.
"The judges have decided that there must be a prohibition of sale in Germany for two Samsung models," said the spokesman of the court, Ulrich Egger. "According to them, there is no infringement of the European design patent. In their estimation the Samsung model and the declared Apple design patent are adequately different. But they did rule a breach of the fair competition laws because Samsung took advantage of the good reputation of the design of the iPad for its own purposes."
Its battle with Samsung, whose tablets are based on Google Inc's Android software, has been especially bitter, with the Galaxy range of devices seen as among the biggest challengers to Apple's mobile products.
Apple has claimed the Galaxy line of mobile phones and tablets "slavishly" copied the iPhone and iPad and has sued the Korean company in the United States, Australia, Japan and Korea as well as in Europe.
In September, Apple won a temporary injunction barring Samsung Germany from selling the Galaxy 10.1 tablet in most of Europe, as the court found the overall design of the tablet was too similar to Apple's iPad.
Since then, several countries including the Netherlands, the United States and Australia have decided to allow Samsung to sell the Galaxy tablet.
Samsung, which is Apple's supplier as well as a competitor, has been trying to have the German decision overturned while also seeking other means to fight Apple.