Samsung‘s bad luck in German courts continues, with the company’s attempts to have Apple’s sales ban against the Galaxy Tab 10.1 overturned rejected this week. The Korean firm had protested the Android tablet’s injunction at the Düsseldorf Higher Regional Court, which found in favor of the injunction instigated by the lower court – initially impacting the majority of Europe, but later limited to just Germany - though for different reasons.
Whereas the original injunction was granted because of claims Apple made regarding design infringement, the higher court decided to maintain the sales ban because it deemed Samsung had infringed fair competition law in Germany. Nonetheless, the ban has also been left in place against the Galaxy Tab 8.9.
Nonetheless, Apple’s design patents are looking increasingly weak. A Dutch court ruled last week that Samsung had not infringed on the designs Apple registered with its Galaxy Tab 10.1, and the Galaxy Tab 10.1N which the company prepared specifically to work around the German injunction has not been blocked from sale. A court will reach a decision on whether the 10.1N is a sufficient alternative in early February.
In the past two weeks, Samsung saw two lawsuits against Apple dismissed, both over alleged infringement of 3G/UMTS standard patents. No reason was given by the judge in each case for either the first or second rejection, though Samsung still has a number of outstanding suits the company is readying.