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German Court Upholds Sales Ban of Galaxy Tab 10.1

12 Sep, 2011 By: Erik Gruenwedel

The decision is a victory for Apple, which is suing Samsung in Europe and the United States over myriad alleged patent violations involving tablets and cell phones

A German court in Dusseldorf Sept. 9 continued a preliminary sales ban of the Samsung Galaxy 10.1 tablet computer in the country — first imposed last month.

In her ruling, regional court judge Johanna Brueckner-Hoffmann said the similarities between the Apple iPad and Samsung Galaxy 10.1 tablet could not be dismissed.

"For the informed customer there remains the predominant overall impression that the device looks like the design Apple has patented in Europe,” Brueckner-Hofmann said, according to a Bloomberg report.

While the ban applies within Germany, earlier attempts to expand it across the European Union were denied due to the court’s limited jurisdiction.

Apple in April sued South Korean-based Samsung in the United States for alleged patent infringement of several utility patents that have come to characterize its mobile consumer electronics products, including the iPhone and iPad.

It already has received sales injunctions against the Samsung Galaxy S, Galaxy S II and Ace smartphone in 30 European countries and Australia.

“The copying is so pervasive, that the Samsung Galaxy products appear to be actual Apple products — with the same rectangular shape with rounded corners, silver edging, a flat surface face with substantial top and bottom black borders, gently curving edges on the back and a display of colorful square icons with rounded corners,” wrote Apple lawyers for the April 15 complaint filed with U.S. District Court in San Francisco. “When a Samsung Galaxy phone is used in public, there can be little doubt that it would be viewed as an Apple product based upon the design alone.”

Ironically, Samsung manufacturers several components of the iPhone, iPad and iPhone Touch.

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