Dutch Court Refuses to Ban Samsung's Galaxy Tab

Lora Bentley

Apple is out of luck in the Netherlands. The court hearing the Cupertino, Calif.-based company's petition to ban Samsung's Galaxy Tab in the country, and by extension, in most of Europe, has denied the request.

 

PCMag.com reported Tuesday:

Today's ruling, from the Gerechthof's-Gravenhage appeals court in The Hague, considered the design aspect of the Galaxy Tab patent claim, but ... sided with Samsung.

Samsung is "pleased," and has reiterated its position that "Apple's products simply do not warrant the intellectual property protections that it believes."

 

That may be. But the ruling in the Netherlands doesn't impact the similar requests that Apple has made in various other courts across the globe - except to the extent that it might prove informative to the other judges. As blogger Florian Mueller points out, the Dutch decision is similar to the approach taken by a U.S. District Court that determined Apple was not entitled to a preliminary injunction against Galaxy Tab sales in this country.

 

But courts in Germany, which are due to make decisions on the issue soon, may reach different conclusions. It's going to be quite a challenge for Apple's legal team to keep up with the details regarding where Apple's rights lie and in which country.



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