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Posted on 12/21/2011 12:05:52 PM PST by Ernest_at_the_Beach
Fresh evidence tips up in appeal
A EUROPEAN UNION (EU) design patent that fruit themed Apple used to win a sales ban on the Samsung Galaxy Tab 10.1 could be of little value after new evidence was shown in an appeal of the decision.
According to Bloomberg, Samsung bought in as evidence a US utility patent using a type of flat screen that was published 13 days before Apple filed its EU design patent.
At a hearing in Dusseldorf, the judge said this could limit the protection that Apple gets.
However, he said that Apple might still be able to rely on fair competition rules for a German ban, with a ruling set for 31 January.
"Apple's tablet design may have a rather broad range of protection, because it's widely known," said Judge Wilhelm Berneke. "But there are also elements that need to remain free, like the feature that tablets are very thin."
Both sides are appealing a 9 September sales ban issued by a lower court. While Samsung is looking to overturn the ban, Apple wants it extended to cover all EU countries and both Samsung's German sales company and its South Korea based parent.
The companies will face each other again tomorrow in the lower court, where Apple is also seeking a sales ban for the Galaxy Tab 10.1.
Apple will only be able to get an EU wide ban if its design patent prevails on appeal. Under German fair competition rules it can only ask for a ban limited to that country. µ
Yet another product Apple doesn't want you to be able to buy.....
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Then how come it is widely available if I wanted to purchase one right here in the good old USA? Yeah - Apple is fighting hard to keep me from buying one.
ON a side note - even if I were in the market for such a tablet, Samsung wouldn’t even get a look from me. Our most recent experiences with other Samsung electronics (including cell phones) has been horrible, to say the least. Way too much $$$ for something I don’t trust.
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