Court says Galaxy Tab 10.1N differs from Apple’s registered design


Apple Inc.’s failure to win a ban on the sales of Samsung Electronics Co.’ Galaxy Tab 10.1N in Germany could help boost global sales of the Korean-made tablet computer, but is unlikely to affect other ongoing legal disputes between the two companies.

The Dusseldorf Regional Court on Thursday rejected Apple’s bid for an emergency ruling in a case where Apple invoked a European design right. Apple last week lost a similar attempt over a technology patent in a Munich court.

“Samsung sold about 6 million Galaxy Tabs around the world last year, falling short of its previous target of 7.5 million units partly due to the sales bans in several European countries,” said Baek Jong-seok, an analyst at Hyundai Research Institute.

“The German court ruling on Thursday has removed a barrier to Galaxy Tab sales, but it is still perceived as lagging behind the iPad in product competitiveness.”

The latest ruling, however, will not affect other patent infringement lawsuits around the world between Samsung and Apple, Baek said.

A Dusseldorf appeals court last week upheld Apple’s request to prohibit sales of the Galaxy Tab 10.1, the predecessor model, which the company had won in the same lower court that rejected Thursday’s bid.

To evade the ban, Samsung began selling the Galaxy Tab 10.1N, a revised version, in Germany last year. Samsung lost two patent rulings against its rival in a Mannheim court last month.

“The Galaxy Tab 10.1N now sufficiently differs from the form Apple has registered as a design right,” the court said in a statement.

“Apple’s iPads and Samsung’s Galaxy Tab 10.1N now are two competing products of equal value.”

Samsung said the ruling affirms its position that the Galaxy Tab 10.1N is distinctive and does not infringe the rights asserted by Apple. The Galaxy Tab 10.1N remains available to consumers in Germany, Samsung said.

Apple spokesman Alan Hely declined to comment on Thursday’s ruling and referred to the company’s earlier statement that Samsung is “blatantly“ copying the iPhone and iPad.

The judges in Thursday’s case said the Galaxy 10.1N is no longer a “quasi-identical copy” of the iPad. They rejected the claim that Samsung is exploiting the reputation Apple’s products have earned. The new design with a broader frame on the side as well as loud speakers and Samsung’s name tag on the front are enough to distinguish the products, the court said.

Also on Thursday, Apple filed a patent complaint against Samsung in federal court in San Jose, California.

By Kim So-hyun and news reports 
(sophie@heraldcorp.com)