The European ban on the Samsung Galaxy Tab enters its second week, with The Netherlands still offering the device and the U.S. market wondering, "are we next?"
Samsung is pursuing its appeal of the ban on the import and sale of the company's eagerly awaited Galaxy Tab 10.1. Apple successfully sought the injunction from the Regional Court of Düsseldorf in Germany on the grounds that the device's design too closely resembled its own.
Complicating Apple's case is the assertion, first made by Webwereld.nl, that there appears to be suspicious retouching of photos that Apple submitted to the German court.
"On page 28 of the complaint filed with the Düsseldorf court that has since granted the injunction, there’s an image of the iPad 2 and the Galaxy Tab 10.1 side by side to show the uncanny resemblance," writes SlashGear's Rue Liu on the matter. "However, the image provided by Apple of the Samsung tablet has had its aspect ratio distorted ... this flaw, whether intentional or by mistake, could have a significant consequence on the case."
The initial dispute concerned not only the device's design, but also the packaging and marketing; the court ruled on only the merits of the design portion of the case. The ban applies to the German subsidiary of Samsung but covers all of Europe, with the exception of The Netherlands, where Apple is pursuing a similar but legally distinct case against the Korean parent company.
At this time, the Samsung Galaxy Tab 10.1 continues to be imported and sold in The Netherlands, and the BBC is reporting that UK resellers are still making the device available for sale.
"As I suspected, it turned out that Apple actually brings even broader allegations in that particular country," patent expert Florian Mueller wrote on his FOSS Patents blog. "It's possible that Europe's biggest seaport, Rotterdam, plays a particularly important role to Samsung's European logistics."
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