Samsung Galaxy Tab 10.1 Avoids German Court's Ban Hammer, Galaxy Tab 7.7 Not So Lucky

Paul Lilly

If you're into sports, then you know how maddening it can be to see the referees penalize teams like crazy in one game, and then swallow their whistles in the next. That makes it hard for players and coaches to decipher the rules, which is exactly how Samsung must be feeling right about now. Not only are different courts around the world issuing opposite rulings in Samsung's patent fight with Apple, at least one is also factoring in the size of Samsung's devices, or so it seems.

According to Foss Patents , a German appeals courts sided with Samsung and upheld a lower court's denial of a preliminary injunction Apple was seeking against the Galaxy Tab 10.1N, which is a slightly modified version of the original Galaxy Tab 10.1.

At the same time, Apple won a preliminary injunction against the smaller Galaxy Tab 7.7, effectively banning sales of the device across the entire European Union. The reason for the discrepancy in rulings is because the Galaxy Tab 7.7 is essentially a smaller version of the original Galaxy Tab 10.1, not the modified 10.1N. Makes sense, but it comes as little consolation to Samsung.

"Samsung is disappointed with the court's ruling," the company said in a statement, according to AllThingsD . "We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple's claims to ensure our products remain available to consumers throughout the European Union."

Venue also matters. Apple has been successful in banning sales of the Galaxy Tab 10.1 here in the U.S., but over the in U.K., a judge denied Apple's request and further ordered the company post a message on its website and take out ads in newspapers and magazines exonerating Samsung by declaring the Galaxy Tab doesn't copy the iPad's design.

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