Ban on Galaxy Tab 10.1 in Netherlands fails; Apple loses
Well now, it would appear that Apple has lost yet another legal battle against Samsung concerning the Samsung Galaxy Tab 10.1 as word is Apple has failed to get a ban on the Android tablet in the Netherlands with the Dutch court throwing out Apple’s claims of IP infringement.
According to the guys over at Slash Gear, the court ruling was released in Dutch, and finds that Apple’s patent 000181607 although still valid, Apple’s design rights are somewhat narrow due to prior art including such devices as the 1994 Knight Ridder concept and the HP Compac TC1000.
Apparently according to FOSS Patents, Apple won a preliminary injunction against the selling of the Samsung Galaxy Tab 10.1 in the Netherlands but it was based on a photo gallery scrolling patent and its claims to the Galaxy Tab 10.1 were given the boot as this ruling deals with design.
Word is the Dutch ruling comes a week before German appeals court, the Dusseldorf Higher Regional Court, who could possibly lift the preliminary injunction granted by the lower court to Apple back in August last year and will also rule in Feb on Apple’s request for a preliminary injunction against Samsung’s modified version the Samsung Galaxy Tab 10.1N.
So there you have it, another slap in Apple’s face when it comes to the Samsung Galaxy Tab 10.1 allegedly infringing on Apple patents, a ruling that will no doubt annoy Apple whilst Samsung will obviously be overjoyed.
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