Galaxy Tab 10.1 Injunction Upheld By German Appeals Court

Last August, at the request of Apple, a preliminary injunction was issued banning Samsung from selling the Galaxy Tab 10.1 in Germany.  Of course, Samsung appealed. In a ruling that was issued this morning, the Düsseldorf Higher Regional Court, an appeals court, upheld that the injunction and further held that the Galaxy Tab 8.9 is also included as part of the injunction.  As much as Apple would like to take credit and announce to the world that the Samsung infringed upon their patents, the court ruled otherwise.  In reaching their decision, the appeals court advised that their decision was based upon a violation of German unfair competition law, not that Samsung infringed upon patents held by Apple.   Either way, Apple got what they wanted: an injunction banning the Galaxy Tab 10.1 and 8.9 in Germany.  But, it is not all dark clouds for Samsung.  A few months after the initial injunction, Samsung released the Galaxy Tab 10.1N.  In a separate lawsuit, a German Court ruled that the 10.1N did not violate Apple’s patents and denied Apple’s request for an injunction.  And guess what?  Yep, that’s right, Apple appealed that ruling and a decision regarding the fate of the 10.1N is expected on February 9, 2012.  If the court denies Apple’s appeal, today’s ruling will mean very little other than another mark in the win column for Apple.