Apple unlikely to secure Galaxy Tab 10.1N ban in Germany

According to a preliminary assessment (via Reuters) from the Dsseldorf regional court in Germany on Thursday, Apple isnt very likely to succeed in its attempts to get the redesigned Samsung Galaxy Tab 10.1N tablet barred from sale in that country via injunction.

Samsung released the Galaxy Tab 10.1N in Germany after an earlier ruling found its Galaxy Tab 10.1 in violation of physical design patents, since there existed a clear impression of similarity between Samsungs original 10.1-inch slate and Apples own iPad 2. This time around, however, Presiding Judge Johanna Brueckner-Hofmann, who was also responsible for the ruling in Apples favor, said that according to the courts assessment, the defendant [Samsung] has moved away sufficiently from the legally protected design.

Samsung introduced the Galaxy Tab 10.1N, a version of the Galaxy Tab 10.1 specific to Germany, in late November, and Apple sought to have it banned, too, quickly following its introduction. The 10.1N introduces a metal border with front-facing speakers, which means Samsungs tablet doesnt have edge-to-edge glass on the face of its device, one of the key elements of Apples protected design.

The Dsseldorf court still has to make a final ruling, and theres no stated timeframe for that decision. Given that the court already seems pretty confident in its position at this stage, however, we can expect a ruling in the near future, and probably not one favorable to Apple.

Apple has also recently begun design-based proceedings against Samsung Galaxy devices (both phones and tablets) in Australia. This development in Germany means that Samsung has at least one strategy in place to counter design-based rulings in other markets, too, at least for its tablet designs. Should an Australian court find in favor of Apple, expect similar cosmetic makeovers to start to roll out there, too. Forcing surface changes still costs Apples competitors money, but it doesnt further Apples larger apparent goal of undermining Androids viability as a competitive mobile platform.

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