Samsung Loses German Case Because of Their “Minimalist, Modern Design and Round Edges”

September 9, 2011
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    About a month ago Apple was granted a preliminary injunction by a German district Court over Samsung’s Galaxy Tab 10.1, on the grounds that it’s virtually indistinguishable from the iPad, and while that may not be the case so much in reality, they did try to make it look like it is on paper.

    But Apple did manage to win the injunction case, and now Samsung is forbidden to sell the Galaxy Tab 10.1 anywhere in Germany, and they are also not allowed to sell it anywhere in Europe from their German subsidiary, but they can continue to sell to Europe from their subsidiary in Holland, where the Court didn’t grant Apple the preliminary injunction.

    The judge from the German Court said about Samsung’s tablet that it’s “simplistic, modern and has round edges”, implying that he thinks it looks too much like an iPad. But what does that truly mean? His explanation for the ruling seems very vague. Is he saying that other tablets now can’t be simplistic and look modern, or have round corners? How is competition supposed to happen then if the other tablet manufacturers are only allowed to make old style looking “bricks” compared to the iPad?

    Samsung also replied with “By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry,”, and they also said this decision is inconsistent with the one from Holland, where Apple lost with the design related claims about the Galaxy Tab 10.1. There they only won with a infringement claim related to the gallery app on Galaxy S, but Samsung can change that soon anyway, so it was a pretty insignificant win for Apple.

    Apple has also managed to get a preliminary injunction for the Galaxy Tab 7.7 in Germany which is even more ridiculous considering it’s even more different than the iPad. It’s significantly smaller and you can grip it from the sides with only one hand. It also weighs only 335 grams, which is almost half the weight of the iPad 2 (601 grams). And of course it has a 16:10 ratio, rather than a 4:3 one, but that won’t stop Apple from claiming it’s the same. Also, who knows what the German Court will decide this time. After this first ruling, anything is possible.

    Samsung is planning to take the case for the Galaxy Tab 10.1 to a higher Court in Germany, and if it wins the appeal there, the first judge might reconsider putting a final injunction on the Galaxy Tab 7.7, too.

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    Comments

    • anonymous

      ASIANS CAN ACTUALLY READ MINDS!!!!!!!!!!!!!!!!
      they can hear and can also see what your visually thinking
      this is the solid truth

      the reason alot of asians have completely expressionless faces, only associate with asians and dont associate with non asians very much is to avoid accidentally revealing that they can read read minds, if all over a billion asians were to show facial expressions all the time just as much as non asians, associate with non asians much more, and be much more friendly and talkative, then alot of them might accidentally reveal that they can read minds by accidentally showing a facial expression or dirty look when someone thinks, or visually pictures something in their mind they dont like or find astonishing or funny, and if they were all to associate with non asians alot more there would be alot more people around for them to accidentally show facial expressions when those other people think things they dont like, so they only associate with asians so there wont be anyone around for them to see that and have any accidents happen in the first place

      think about it, its not normal how alot of them act, and the entire way they act is all to hide their mind reading abilities, it makes perfect sense to do all of that to hide that they can read minds, because all of that is the perfect way to do it!
      every single asian on the planet is hiding their mind reading abilities, they will lie about having mind reading abilities forever!
      because they value hiding their mind reading abilities more then their own lives!
      thats why nobody knows about it!

      try thinking, best yet visually picturing in your mind something something absolutely crazy as you possibly can when you are around asians, and try looking for asians who give people particular looks, especially dirty looks for what appears to be for completely no reason, that is them giving people looks when they hear and visually see someone thinking something they dont like, find funny or astonishing
      it still happens despite a large number of them having completely expressionless faces all the time, it would just happen alot more if none of them had completely expressionless faces all the time, its not uncommon!

      i know this sounds crazy, impossible, and completely unbelievable, BUT IT ISNT CRAZY WHEN ITS TRUE

      the reason you think this truly is crazy, impossible and unbelieveable is because our society has propagandized people into believing that nothing extra ordinary is real and that is really is impossible, and that its crazy to think that its true that people can read minds, all just to cover up that asians can read minds! who says that cant exist? the people who have mind reading abilities who are trying to cover it up!

      you have to spread the message!!!
      the world has to know about this!!!!

    • Zoltán

      Actually this ban only effects Germany(and like 6 other countries I’m not sure about). The EU doesn’t work like the US. I don’t think they can enforce something like this.

    • Kosiara

      This is completely crazy. Apple has rights to every piece of technology now?

    • Technicia blog

      WTF!!!! german court wants from samsung and apple wants its compatitor to design oval and spherical shape tablets,,,

    • http://www.facebook.com/randy.khoo Randy Ashar Khoo

      Cars, shouldn’t have 4 wheels. The head lights should not be in front. We designed it curvy and metal, FUBAR for all other manufacturers.
      Microwaves shouldn’t have hinge doors. Only ours are allowed to cook, yours have to be converted into a dishwasher.

      My tablet is black, with rounded edges. Steve jobs must be God. Even the German courts worship him. I smell corruption! I smell corruption!

    • Mr Philbert

      I have not been brainwashed.

      This means that I will NEVER buy anything from appell.

      Note the spelling of the fruit? I don’t want to get sued.

      I live in Washington State. Are we going to have to re-name our principle crop export now as well?

      I also live right by the main campus of Microsoft (I don’t work there). If Microsoft (or any other company) used there position to force every vender to go through them at a 30% cut they would get dragged into court for anti-competitive practices. Wait, didn’t this fruit company already sue Microsoft for that? Now they’re doing that to the 10nth power.

      How about I go buy a new Ford. I get it home and find out that I have to buy gas, get repairs and parts only through one of Fords “approved” venders. In order to be an “approved vender” I have to agree to pay Ford 30% off the top.

      Where is the Justice Department when you need them?

    • Sarducci

      Apple can’t win with their business strategy of controlling everything. They refuse to license out their technology and get everyone in on the success of their platform, and they can’t defeat the entire electronics industry all looking to get a piece of the market. The product cycles are too short to compete when the entire industry is against them. They are already one generation behind in phones and about to fall a generation behind in tablets. It’s Mac vs PC of the 80′s – 90′s all over again. So this time they have to fight out these rediculous lawsuits instead. Eventually Apple will be the overpriced niche market for the 10% diehard fanboys that have to have a controlled user experience.

    • http://www.facebook.com/suprafly Sangkath Sandara

      what the “FING” just because it square rectangle, you can put a patented looks and size. This is ludicrous and dump founded idea..

    • http://www.facebook.com/suprafly Sangkath Sandara

      Or wait I have a RED Apple and you have Green Apple. I am going to sue you because you look the same..

    • http://www.facebook.com/suprafly Sangkath Sandara

      I will never Apple they just “mass” litigate..

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