“Samsung has designed and slightly renamed the product (it’s now called Galaxy Tab 10.1N), apparently in an attempt to steer clear of infringement of Apple’s asserted Community design, a design-related intellectual property right,” Mueller reports. “Mobiflip.de reported on this today. Mobiflip points to an online store that offers it and published photos of the old (banned) and the new design. For example, as AllAboutSamsung.de notes, the metal frame — the so-called bezel — now wraps all around the edge to the extent that a part of it covers the margins of the front side. That is a characteristic of at least one of the devices rejected by the court as prior art. It seems to me that this design resulted from teamwork between Samsung’s German lawyers and its product design group.”
MacDailyNews Take: Lawyers are well known for delighting customers with their innate industrial design skills. (You cannot read the prior sentence with enough sarcasm.)
Mueller reports, “I’m not in the position to say that this product definitely steers clear of infringement. That’s up for the courts to decide. But without a doubt, Samsung has upped the ante for Apple and its lawyers in case they wish to request a new injunction or allege that this constitutes an infringement of the existing one.”
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