A German appeals court has handed Apple a major victory over Samsung in the on-going patent wars. The court upheld previous rulings banning Samsung's Galaxy Tab 7.7 and extend that ban to not only Germany but the rest of the European Union.
The Duesseldorf Higher
Court ruled in favor of Apple stating that the popular Samsung tablet infringes on Apple's design
rights and looks too much like the iPad. In an odd move the appeals court however, also ruled that the altered Galaxy Tab 10.1N, does not
infringe on Apple's designs, and will be allowed to be sold in Germany.
Samsung said it was disappointed with the court's ruling on the Galaxy
Tab 7.7, and would take all available measures to ensure the product is
available in Europe. The company welcomed the ruling on the Galaxy Tab
10.1N and added that "should Apple continue to make legal claims based
on such a generic design patent, design innovation and progress in the
industry could be restricted."
So far Apple's battle with tablet and smartphone manufactures in the states hasn't fared as well. Several of their cases have been dismissed. The battle with Samsung however seems to be the one exception. The California court system granted Apple an injunction over Samsung which has now led
Apple to seek billions of dollars in damages when the lawsuit goes in front of a
California jury next week.
"Samsung has reaped billions of dollars in profits and caused Apple
to lose hundreds of millions of dollars through its violation of Apple's
intellectual property," Apple's trial brief claims.
Combining
Samsung's revenue from sales of all phones and tablet PCs that allegedly
infringe on Apple's patents, $500 million in profits Apple assumes lost
because of the Samsung handsets, and $25 million in royalty damages,
Apple's lawyers will ask the jury to award "a combined total of
$2.525 billion," the filing said.
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