Sep 09 AT 12:45 PM Edgar Cervantes 29 Comments

Apple strikes again; German ban of Samsung Galaxy Tab 10.1 upheld

Banned Galaxy Tab 630

Samsung seems to be having a rough time and will need some tough lawyers in order to come out of the hole its in. While things went well in the Netherlands last month, Apple has gotten its way in Germany. The German Court has upheld the banning of the Samsung Galaxy Tab 10.1 due to the similar design in the front of the tablet.

According to Judge Johanna Brueckner-Hofmann, Samsung “didn’t keep enough distance from the Apple design.” While the back of the tablets are quite different, the front part of the Galaxy Tab is “nearly identical” to the iPad.

The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible.Johanna Brueckner-HofmannPresiding Judge - Germany

On a positive note, this ban will not affect the rest of the European nation as Apple intended. Instead this only applies to Germany (which is still bad news). Samsung does claim that it’s not ready to give up and will attempt to make an appeal to counteract this decision.

The ruling severely limits consumer choice in Germany and restricts design innovation and progress in the industrySamsungE-mail Statement

This is very sad news for our fellow German Android fans, but we surely hope Samsung is able to get things back to normal. Let’s hope Google’s new patents can be of use here. It looks like things might get out of hand if something isn’t done soon. What do you guys think? Will Samsung be able to get back up? Will Google and Android manufacturers be able to stop Apple’s (as well as Microsoft’s and Oracle’s) binge suing? Let us know what you think and stay tuned for your usual patent/design lawsuit news.

Via: Android Central

Source: Bloomberg

Hello, I am Edgar Cervantes. I am an avid Android fan, and keeping myself updated on the topic is part of my daily life. I will always work hard to give the best of me to our community of Android enthusiasts, and I am very honored to be part of this ship. Hopefully we can all enjoy sharing our knowledge and opinions!

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  • juraj dado

    Go to hell apple google and android and all will take you down and stop to play this dearty games for good

    • BrandoHD

      Don’t forget your commas, you had me going there…

  • Derek

    I guess the front of every tablet is the same then, they’re all just glass with a black border. This is a stupid ruling.

    • inviolable

      Exactly. Why not ban all TVs while we’re at it. Don’t they all have the same large, flat panels. What would the German court have Samsung change about the design? Make the first cube tablet?

  • Zer0-9

    All faith in the German court / patent system is lost. Forget how similar the iPad is to the Samsung Photo Frame. That the aspect ratios are entirely different. The default orientation is different, that there isn’t a giant Apple symbol on it.

    Ignorant

    • heeros

      Yea, I think the aspect ratio, and default orientation should play into this.

  • Ford

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

    cheating samsuck got what they deserved. evil copycat bastards!!!!!!!

  • heeros

    The point was that it looks too similar on the front, is that really patent related? Was the aesthetic design really patented? and if so, I’m not sure how technology patents from Motorola would help. Of course I do not now what all 24000+ patents cover, but I would imagine that Samsung is on its own on this one.

    btw, I agree with Derek. Most, if not all tablets have the same border, I don’t see how they should be able to ban one tablet out of dozens.

    • binarylab
      • Dan

        That’s f-ing insane, Apple should not be aloud to patent something that looks so generic.
        binaryla, you’re right, all Apple has done here is to just put a patent on a rectangle. How have Apple gotten away with this.

  • Interpol91

    Wow. I guess the saying “don’t judge a book by its cover” doesn’t apply in Germany. It’s crazy how such a minimalistic design can be patented.

  • vikm

    Community Design, not patent

  • http://dinerorapidoysencillo.com/ gana dinero con encuestas

    i don’t get it.. most android users say the like android because the like choice, variety.. why the hell aren’t you guys up in arms screaming mad at samsung, motorola, HP et al for just straight up doing what Apple did for it’s hardware.. absolutely no imagination, innovation.. NOTHING.. just straight up jacked what Apple did with the iPad..

    so what you guys are saying that the iPad design is the perfect design for a tablet? there is no other way to do it that makes sense? are you guys smoking crack??

    Sony needs to be congratulated for ACTUALLY innovating and improving on what Apple has done in many ways and not just copying what Apple has done like Samsung, Moto, HP et. al.. also look at icona tab.. it looks aesthetically different from an iPad, asus ePad slider also looks different and has a slide out keyboard.. these guys are thinking outside of the box and trying to move things forward instead of just copying and jacking other people’s designs..

    you can easily design a tablet that looks different and is better to use in many ways than an iPad.. sony, asus and acer have shown that.. these guys are just lazy and sleazy and just want to say.. hey.. it’s just like an iPad with a different logo..

    can’t understand why you guys are mad at Apple when you should be mad at Samsung for not innovating..

    • AEROSPIKE

      THERE’S A SAYING IN AEROSPACE, FUNCTION DICTATES FORM MEANING THE HARDWARE LIKE THE DISPLAY DRIVES THE OVERALL APPEARANCE OF THE DEVICE AND UNLESS APPLE HAS SOLE RIGHTS ON DISPLAY TECH., I CAN’T SEE HOW APPLE CAN WIN ON THESE GROUNDS. THE DEFINING DIFFERENCE BETWEEN MANUFACTURES SHOULD ONLY BE SOFTWARE WHETHER IT BE OS, UI OR SOME OTHER MEANS TO CONTROL THE DEVICE.

    • counsel

      I’ll borrow from Microsoft… ‘Really?”

      Besides the form function argument or the fact that Germany does not ban all flat-screen TVs… doesn’t the “look” of the iPad look like a digital picture frame which was “prior use?” Idiocy in the various patent offices…

    • Chris

      I assume the big issue is the Banning of the device out of the Country, not the design of the device. to be honest i think apple should not have the rights to a geometrical shape. Just saying

  • http://None CaribGrackle

    This is just ridiculous. Nothing against the tablet itself, Apple just want them to stop selling, why? I’m no one to guess, but this is the kind of things just doesn’t let me take Apple as the company it once was. Why just Samsung? There’re tons of tablets with a similar design. Apple just has an itch for the success of the Galaxy line.

    And Tablet developers do need to get a little more creative with their designs, although I may add I find the current one efficient and just standard, is like a freaking TV, you can just do that much to make it look “different” but in the end they all look the same.

    Is just a screen people, is what inside that counts, and that is of course Android ;-)

    • counsel

      Exactly! Watch the 1986 Apple commercial on YouTube. Their commercial now describes Apple and their practices rather than describing IBM!

  • 420speedwagon

    unfair!!!! the germans are racist against samsung. stupid apple and there stupid crap. the only thing that apple made that was woth it was the ipod, other then that apple sucks monkey nuts.

    • samsung murderers

      we should nuke korea once and for all imho

      • mr.maple

        Germany has no nukes dipshit. It’s more likely that Germany will be nuked by N. Korea.

  • Andy_jr

    OSNews has several interesting articles on this litigation. The latest includes the good news that the practical implications of this ruling may be pretty minor”

    http://osne.ws/jeo

  • http://keridel.blogspot.com keridel

    to be honest this is only an issue for those wanting to sell it not for those wanting to buy it. they dont stop you owning one just buying it in germany. so the germans will nip accross the border and buy them in belgium or austria.

    the nice thing about europe is for eu citezens there is no border control.

    its like baanning the sale in texas but not in other state you just nip out to the next state and get one.

  • joe

    The front is a screen and the screen is flat – like all screens. We know Apple didnt invent flat screens, we know they didnt invent touch screens either. And even if they had it would not be in societies interest to prevent competition or prevent customers from having a choice. Question is how big a bribe did the german judge take to rid Apple of the competition?

  • thechad

    the comments on this post are funny

  • Interpol91

    Wow. If only he knew I was Mexican. Great point BetterWithRoot!

  • Interpol91

    Yes! Then of course they should patent it cause who knows who else might copy that look.