26
Jan 12
Netherlands is not bans Samsung Galaxy Tab 10.1
Netherlands is not bans Samsung Galaxy Tab 10.1
Yesterday, the court in The Hague ruled that the Samsung Galaxy Tab 10.1 may just continue to be sold in the Netherlands. The Apple design registration in 2004, differs according to the court so the Galaxy Tab 10.1 that there is no infringement of the design right.
Also, the judge ruled that the design registration was limited own character, because all elements of the registration in displays already on the market were used.
History
Apple and Samsung have long standing opposite each other in court. Thus, besides the Netherlands also in many other countries lawsuits and fed again. Germany had a complaint from Apple enough to the Galaxy Tab 10.1 to prohibition, and a modified model (Galaxy Tab 10.1N) according to the judge enough of the design of the iPad appeared to deviate.
There are also several lawsuits on patents held. Apple complained to Samsung for infringement of patents include a display of photos in a gallery and Samsung complained to Apple for alleged patent infringement of 3G. Apple was in a similar case, which meant that if no changes to the TouchWiz interface would come, some Samsung Phones in the Netherlands would not be sold.
Click Here!Statement
The complaint which was decided yesterday was about the design registration that was used for the iPad. The current iPad, which was launched in 2010, is based on the design registration in 2004. According to the court in The Hague, the Galaxy Tab 10.1 only be compared with the original design registration and not the current model. The judge agreed with the Samsung Galaxy Tab 10.1 agree that enough is different from the original design registration.
Samsung also gave the same Court that the design registration is not unique enough: it contains elements of all devices currently on the market. The court decided that the Samsung Galaxy Tab 10.1 may just continue to sell in the Netherlands.
Samsung response can be read below:
   The ruling shows once again that Apple products are not simply the intellectual property rights to ensure that they are entitled to it.
   Samsung will take all possible measures, including legal action, to our innovative products available to keep the Dutch consumers.
Yet we see no end to endless stream of (patent) litigation. For now, the youngest victim of the Samsung Galaxy Nexus, which is now the subject of a lawsuit because of the use of the standard Android 4.0 lockscreen.
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