Samsung fails to get Galaxy Tab 10.1 injunction lifted in Germany

Samsung has failed in a bid to overturn a preliminary injunction imposed on its Galaxy Tab 10.1 device in Germany and has been told that the 8.9in version of the tablet is also subject to a sales bans.

Although the Düsseldorf Higher Regional Court ruled against Samsung, the judge noted the firm was not infringing design patents as Apple had claimed. The ruling suggested that the Korean firm was instead violating German unfair competition law.

Florian Mueller, patent specialist, said today's ruling validates Apple's decision to bring claims against the Galaxy Tab 10.1, but is unlikely to be replicated in other European countries.

"Apple's actions may have been aggressive, but they weren't unreasonably overreaching. At the very least, there can be a genuine dispute over this issue. But the strength of Apple's Community design is increasingly questionable," he wrote on the Foss Patents blog.

It is also unclear whether the latest decision will have a major impact on Samsung, as the firm had already redesigned the Galaxy Tab 10.1 for the German market. The Galaxy Tab 10.1N is already on sale in the country.

The Düsseldorf Regional Court held a hearing before Christmas relating to the 10.1N and will announce a decision on 9 February as to whether Samsung can continue to sell this device.

"The fact that Apple won today doesn't necessarily mean that it will succeed against the 10.1N. If Samsung is allowed to continue to sell the 10.1N, the commercial relevance of today's appellate decision is next to nil," Mueller added.

However, the latest defeat will still be a bitter blow to Samsung, especially as it had two infringement complaints relating to 3G against Apple turned down in the German courts in successive weeks.