German court rejects Samsung’s ‘2001: A Space Odyssey’ defense of Galaxy Tab

“Let me start with the long-awaited answer to the question of whether Samsung also raised the Stanley Kubrick (2001 – A Space Odyssey) defense for the Galaxy Tab design in Germany,” Florian Mueller reports for FOSS Patents. “The answer is YES. And they also raised the ‘Tomorrow People’ defense, but it was equally unavailing as the Kubrick defense.”

“Last week, the Düsseldorf Regional Court upheld its Germany-wide preliminary injunction against the Galaxy Tab 10.1,” Mueller reports. “Two days after the ruling, I also explained what Apple’s victory means for the retail channel.”

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Mueller reports, “I have meanwhile retrieved a copy of the full text of the ruling and would like to publish my unofficial translation because I believe many non-German-speaking observers of the case may find this useful — especially in light of the fact that a U.S. design patent that is an even broader (!) equivalent of the Community design asserted in Germany may still lead to a preliminary injunction in the United States (the hearing on that one is scheduled for October 13).”

Read more in the full article here.

[Attribution: The Mac Observer. Thanks to MacDailyNews Readers “Sarah” and “GeeOne” for the heads up.]

9 Comments

  1. If the European judges are ruling favorably in Apple’s favor, this can only translate to the U.S courts doing the same. It looks 2011 is going to be the year that those who copied Apple are going to end up giving away the products for relatively nothing. You can’t sell what the court says no to. Let this be a lesson to all!! Go Apple!!!!

      1. It’s also because the US allows lawsuits about crap that wouldn’t see daylight anywhere else. The figure used to be 95% of the world’s lawsuits. Don’t know if it’s still the same, but it’s waaaay out of proportion to population. Hence courts clogged up with nonsense.

  2. it’s interesting that the ruling says that apple has put forward other tablets that are not infringing on Apple’s design, they have grip edges etc.

    The galaxy tab which is copy of the the iPad is supposed to be the best selling Android tablet — even if their ‘shipped’ numbers is inflated their fellow android OEMS are selling even less.

    so don’t copy apple and sell nothing, copy apple and you will be sued…
    (all this simply reinforces my belief that Apple has really spent time discovering what works best).

    (Samsung make it BROWN like the Zune… )

  3. Lets hope that they don’t discover the ‘Things to Come’ defence although thinking about it the beautiful flat screen tvs in that production might put Samsung’s patents in Jeopardy.

  4. What is actually quite funny is how Samsung tried to differentiate iPad’s back design from Samsung’s.

    They actually went as far as saying “But their back is UNIBODY! Ours isn’t! See, we’re not copying!”

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