German Court Sustains Galaxy Ban, Samsung Faces Antitrust Probe
Samsung's Galaxy Tab 10.1 and Galaxy Tab 8.9 will not hit the German market after all following an appeal court decision on Tuesday, finding the South Korean tech giant in clear violation of unfair competition laws.
According to Associated Press, Duesseldorf state court Presiding Judge Wilhelm Berneke has been convinced that Samsung's flagship tablet computers were mere clones, in terms of functions and design, of the best-selling iPad.
On that account, Mr Berneke ordered Samsung to abandon any plans of selling the two products in Germany, one of the key European markets where Apple and Samsung are fiercely competing.
"Samsung wrongly used the enormous reputation and prestige of the iPad," AP quoted the court ruling as saying on Tuesday.
The latest development of the long-running legal feud between Apple and Samsung was not surprising anymore, according to patent analyst Florian Mueller.
When Samsung decided to redesign the Galaxy Tab 10.1 and re-introduce it to the German market as the Galaxy Tab 10.1N, the company practically conceded the legal contest in the European country, Mr Mueller said.
"The defeat in Germany is more of a symbolical nature," the analyst said.
Prior to the German court ruling, Samsung won the favour of courts in Australia and the United States, which finally opened up the two markets to Galaxy products after months of delay when Apple initially convinced the courts to issue injunctions against the products.
In a statement, Samsung called the decision as factually irrelevant that will not impact the Galaxy Tab 10.N, which the company issued in late 2011 to replace its controversial predecessor.
"The decision therefore is of no indicative value with respect to other legal proceedings involving the Galaxy Tab 10.1 N," the company told AP.
"Samsung will continue to take all appropriate measures, including legal action, to ensure continued consumer access to our innovative products," the company statement added.
The ruling was handed down following an earlier report that the European Union has commenced an investigation that will look on allegations that Samsung may be stifling its competitors for refusing to license its standardised 3G technology for mobile devices.
Patent regulations currently in place in the continent requires company with patents on standardised products to license them at fair price and without reservations.
However, EU officials clarified that the investigation has yet to point any form of violation on Samsung's side but instead gives the company a vehicle to explain its side on the matter.
Samsung has indicated that it has received news of the EU probe but no comments were provided by tech giant, AP wrote.