Apple Loses Bid for Samsung Ban in Germany
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In delivering his ruling, Presiding Judge Andreas Mueller of the Munich Regional Court, said that “Samsung has show that it is more likely than not that the patent will be revoked because of technology that was already on the market before the intellectual property had been filed for protection.”
The Galaxy Nexus phone, developed in a partnership between Samsung and Google (NASDAQ:GOOG), was revealed at their Ice Cream Sandwich in October. It is the third generation successor to Google’s previous flagship phones, the Nexus One and Nexus S. The smartphone uses touchscreen technology, has an HD Super AMOLED display with curved glass, an improved camera system, and Google’s new version of its Android operating system, version 4.0, codenamed Ice Cream Sandwich.
The Galaxy Tab 10.1N is a new version of the Galaxy Tab 10.1, sales of which Apple successfully blocked in Germany last September. A Dusseldorf appeals court upheld the ban on the original model in a ruling issued yesterday. Samsung changed the design of the original tablet in an effort to make it clear to consumers that it is different from Apple’s iPad, and to get around the ban in Germany.
While the Munich Regional Court today rejected the motion for a preliminary ban in a case where Apple invoked a patent granted last year protecting some technology related to touch screens for tablets and smartphones, a lower Dusseldorf court still has to rule on a separate case filed by Apple over the Galaxy 10.1N. That ruling is expected on February 9.
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