Samsung Galaxy Tab 10.1 banned in Germany thanks to Apple

Samsung

(CBS) - Samsung's Galaxy Tab 10.1 has been ousted from Germany due to a patent infringement lawsuit filed by Apple.

Apparently, Apple feels like Samsung's Galaxy Tab looks a little too much like the iPad.

The D?sseldorf Regional Court decided Friday to keep a preliminary injunction against Samsung. The South Korean electronics company still has the option appeal the decision at a higher regional court.

In the meanwhile, the Samsung Galaxy Tab 10.1 will never see the light of day in Germany, unless the higher regional court rules otherwise. The injunction is not limited to the Galaxy Tab. Samsung won't be able to sell any new products that might infringes on Apple's patent.

iPad 2 and Galaxy Tab pictured together

/ Scribd

Sound familiar? That's because Apple already won a previous lawsuit in the Netherlands over the Samsung Galaxy S because its design was too similar to the iPhone.

ZDNet's Zack Whittaker pointes out, "One worry for Samsung is that the victory in Germany could be used as case precedence around the world." The U.S. International Trade Commission is considering whether to block the import of Samsung phones and tablets. And they aren't the only ones.

According to the Financial Times, similar battles are taking place in Australia, South Korea and Japan.

In a statement given to CNET, Apple spokeswoman Kristin Huguet said, "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."

Losing access to American consumers on top of Europe's largest market could wreak havoc on Samsung's sales. If they lose the battle in South Korea, Australia and Japan, it could mean serious trouble for the electronics giant.

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[hamy1000]

Simply put, anyone who buys a Galaxy Tab will be buying it because they are choosing Android over iOS and that is the real tragedy here. This has nothing to do with Apple protecting their right to a rectange with rounded corners, but has everything to do with limiting consumer choice to iOS. All this noise of looking too much like an iPad is just plan nonsense. Come on, how many different ways can you design a "tablet"? It's a tablet for pete's sake! And besides, it's not like anyone would mistake a Galaxy Tab 10.1 for an iPad or iPad 2. Really, how likely is it that anyone who wants an iPad or iPad 2 would mistakenly purchase a Galaxy Tab 10.1 thinking something branded "Samsung" and missing a fruit logo is an Apple product? Or for that matter, how many people would even make the mistake that the Galaxy Tab 10.1 has access to Apple's ecosystem if that is the reason why they are purchasing a tablet? The bottom line is Apple is running out of ways to innovate so they have to keep their competitors at bay as long as they can to milk the market for all it can; i.e., get while the getting is good. I saw this coming a long time ago. Think about it. For as "innovative" as the iPad was declared when it was released, it's not like you couldn't see it coming. Have we all forgotten that the iPad is nothing more than a really big iphone/itouch??? And, the iPad 2 is just a thinner, more powerful version of the iPad? Just like the iPad 3 will be a better, thinner, more power version of the iPad 2 and so on and so forth. The only way Apple can get away with this type of "innovating" and continue to make money is too make sure there are no competing products that offer something else besides one sequel after another. For a company that prides itself on innovation, Apple doing a pretty good job of killing it.

[galivantstom]

I have seen Galaxy and like it. Now, I'me going to hustle down to my local Verizon store agd get one. I want a tablet and apple's acts have made my decision a no brainer.

To prosspective buyers, It is a good table with a much better display and an ever evolving open system that isnures competition between manufactuers, not stifles it.

[Scimajor]

Careful Apple. The concept and design of a Tablet computer were hardly new concepts when you came out with the first iPad. Tablets have been in the works for more than a 2 decades with working models that I had the privilege of using briefly more than 12 years ago.

Microsoft, for example, purchased a bay area company something like 12 or 13 years ago because of their tablet PC designs (They had working prototypes at the time). The design featured a large fully functioning full sized touch screen. In many ways it resembled the current iPad in functionality and appearance.

I'm rather surprised that Microsoft hasn't filled patent infringement suits against Apple.

[galivantstom]

I wonder if some paper back company is going to bring against because the competions' books look like their books book. To me, the issue is not infringement of desig but of intrllrctual property like using apple's opperating system which is clearly unique to their product. The supreme did render sa decision in Chrysler vs General Motors years regarding GM's use of the Jeep Grill on its Hummer. The basis of their decision in favor of GM, was simply whether or not GM's use of the Jeep's would result in one mistaking one for the other. They ruled it did not. I would apply the same logic by arguing that there is no way a buyer could reasonably believe that he was buying an Apple if he bought a samsung instead of an apple because their operating is radicallay different and use of Apple's operating system would constitute the theft if "interlectual" property.

I find it hard to believe that that the German courts made the decision that they did, in effect stifling competion in s free market society.

Shame on Apple and shame on the German court. I was considering purchasing an Iphone I now will now now, I will not. Instead, I'm to stay with my android basws phone.

Their lawsuit, at least in my case has definitely influrnced my decision not to purchase an Apple product and my first Apple a IIc. No more.