Friday, the Dusseldorf district court ordered Samsung must not sell the Galaxy Tab 10.1 in Germany because it looks much as iPad 2 by Apple Inc. Samsung Germany is also not allowed to sell the Tablet in any other European Union country, but other divisions of Samsung can sell into those countries.
Samsung will try to appeal the decision in the Higher Regional Court in Dusseldorf, according to a spokesman. He said in a statement, “We are disappointed with this ruling and believe it severely limits consumer choice in Germany…”
Apple filed infringement charges against Samsung’s Galaxy Tab 10.1 as it infringes the design of iPad 2, which is registered with the European Union’s office for Harmonization in the Internal Market.
A spokesman from Samsung said in a statement “By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry,” he also added in his statement that the August 24 ruling by a Dutch court is inconsistent with the decision of a separate case involving the two companies, which found that the design of Samsung’s Galaxy Tab doesn’t step on Apple’s iPad 2 design right.
Apple’s wish was granted by the German court a month ago preventing Samsung from selling its tablet in the European Countries except the Netherlands. A week later the ban was elevated in all E.U. countries except Germany due to the court is not sure whether they have the authority to stop Samsung from selling its products outside Germany.