Samsung must not sell the Galaxy Tab 10.1 in Germany because it look too much like Apple ’s iPad 2 , the district motor lodge in Düsseldorf ruled on Friday .
In add-on , Samsung Germany may not sell the gadget in any other European Union country , although other Samsung divisions may sell into those commonwealth , a spokesman at the court enjoin .
Samsung will appeal the decision in the Düsseldorf Higher Regional Court , a spokesman said .
“ We are disappointed with this ruling and believe it severely determine consumer option in Germany , ” he said via e-mail .
Apple had charge a lawsuit claiming that the Galaxy Tab 10.1 infringes on the design of the iPad 2 , which is registered with the E.U. ’s Office for Harmonization in the Internal Market .
“ By imposing an injunction free-base on this very generic design right wing , this opinion restricts design invention and progress in the industry , ” the Samsung spokesman said , adding that the determination is inconsistent with theAug . 24 opinion by a Dutch courton a freestanding grammatical case involving the two companies , which found the designs of Samsung ’s Galaxy products do n’t desecrate Apple ’s plan right .
In the German case , Apple was granted a preliminary injunction about a calendar month ago forbid Samsung from selling the pill in all E.U. area except the Netherlands , where a separate case is pending . A week later on the ban was lifted in all country except Germany , because the courtroom was n’t sure it had the authority to stop a South Korean companionship from trade its product outside Germany .
On Aug. 25 , the injunction was upheld , follow a hearing that focused on the accuracy of grounds provide by Apple , with Samsung incriminate Apple of measuredly distort image of the Galaxy Tab 10.1 so that it looked more like the iPad 2 . Earlier , an investigation by IDG publication Webwereld showed that at least one of the Galaxy Tab flick that Apple providedas grounds in the cause was incorrect or had been manipulated .
The global legal struggle between the two companies even made its presence palpate during the Internationale Funkausstellung ( IFA ) consumer electronics show in Berlin , where Samsungremoved from its stand all traces of the Galaxy Tab 7.7 , the 10.1 ’s minor brother , just two mean solar day after launching the product there . That gimmick is the subject of a separate injunction from the lower court . Samsung can still dispute that opinion in the lower courtroom .
However , in Japan , the CEO of mobile manipulator NTT DoCoMo said on Thursday that his company ’s launching of the Samsung Galaxy Tab next calendar month will not be affect by a patent - infraction causa Apple has file there against Samsung .
Meanwhile , Samsung has vowed to keep up its legal counter - sickening . “ We will take all available legal options including continuing to sharply follow up on Apple for its on-going violation of Samsung ’s wireless technology patent around the world , ” the Samsung spokesman say .
