The ruling ends Samsung’s bid to overturn the ban in the country. According to Reuters, Samsung lost its appeal after the court ruled in favour of Apple.
Samsung has redesigned the tablet specifically for the German market, and renamed it the Galaxy Tab 10.1 N. Apple challenged the reworked version, but last month a German court rejected its claims in a preliminary judgment. A final ruling will be made on 9 February.
Samsung has countersued Apple in Germany, and the court in Mannheim has ruled against Samsung relating to two of the patents. Last week, we reported that Samsung lost a second court case against Apple’s Iphone in Germany.
The tit for tat patents war between the two companies continues. However, a Samsung official told the Korean Times that a cross-licensing agreement could be the next step, saying, “It’s too early to talk about a cross-licensing agreement, but we have to admit that is a scenario that has become likelier than before.”
The latest decision addresses one part of Samsung’s arguments that Apple’s 3G wireless technology infringes its patents.
The court cases come after Apple sued Samsung last year, saying Samsung’s products “slavishly” copied the Ipad and Iphone. Samsung then countersued Apple and legal battles between the two companies spread across the globe.
Earlier this month, Samsung failed to win a ban on the Iphone 4S in Italy.
Meanwhile, in December Apple lost in an early court decision over the future of the Samsung Galaxy Tab 10.1 in Germany after Samsung changed the design of the device.
Also in January, Apple filed two more lawsuits in Germany, one that alleges design patent infringements in ten of Samsung’s smartphones and another that levels similar charges for five of its tablets. Apple has asked for bans on sales of Samsung’s devices.
The court is due to decide on the third patent case on 2 March.
Samsung told us, “Samsung is disappointed with today’s decision by the Dusseldorf Higher Regional Court to uphold the sales ban for the Galaxy Tab 10.1 in Germany. It should be noted that today’s ruling is of little factual relevance due to the new model Galaxy Tab 10.1 N, and that the decision therefore is of no indicative value with respect to other legal proceedings involving the Galaxy Tab 10.1 N.
“Samsung will continue to take all appropriate measures, including legal action, to ensure continued consumer access to our innovative products.”
The ban had previously been active throughout the EU except the Netherlands but the court decided later not to enforce it outside Germany.
On Monday, Samsung pulled its just launched 7.7in Galaxy Tab tablet out of the IFA trade show.
Although Samsung is fighting the claims of alleged copying, Apple says that it “slavishly” ripped off its designs. Samsung argued that in fact they both used a design first seen in Stanley Kubrick’s film production of Arthur C. Clarke’s masterpiece 2001: A Space Odyssey. However, this proved to be more of a diversion as it wasn’t considered legally convincing by the court.
Apple is taking also taking its case against Samsung to the Japanese courts as it continues to try to ban Samsung’s Galaxy range of devices all around the world.
Samsung said it would appeal the German injunction. It said in a statement, “We are disappointed with this ruling and believe it severely limits consumer choice in Germany.
“We also believe that by imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry.”
“Samsung will actively and immediately appeal this ruling in order to ensure that consumer choice in Germany is restored. It should be noted that today’s decision is inconsistent with the Dutch court’s ruling on August 24, which found the designs of Samsung’s GALAXY range of products are distinctive and do not violate the cited design right.”
“To defend our intellectual property rights and protect our freedom to innovate, Samsung will take all available legal options including continuing to aggressively pursue Apple Inc. for its ongoing violation of Samsung’s wireless technology patents around the world.”