The changes Samsung has made to the Galaxy Tab 10.1N are enough to no longer infringe on Apple’s intellectual property rights, a judge at the district court in DA1/4sseldorf, Germany, decided Thursday. The verdict was expected, since the court delivered the same preliminary decision in December, reports “Computerworld” (http://macte.ch/Ozh2R).
Samsung welcomes today’s ruling, since the court has denied Apple’s request to stop the sale of the Galaxy Tab 10.1N. The tablet remains available to consumers in Germany, a spokesman told “Computeworld” via email. Apple can appeal the verdict.
This is, of course, the latest development in the apparently never-ending battle between Apple and Samsung, both of whom claim patent infringement. Samsung has sought to ban the iPhone 4S in counties such as France and Italy for patent infringement. The companyhas filed motions with courts in Paris and Milan seeking the ban, each citing two patent infringements on wireless telecommunications technology.
Samsung claims the iPhone and iPad that use 3G technology infringe Samsung patents. Meanwhile, in September 2011 Apple said in a Hague court hearing that Samsung is holding them “hostage” by asking for 2.4% on each 3G chip used in the iPad and iPhone. Samsung is deliberately misusing both the royalty rate and the responsibility for its payment to try and oppose its lawsuit, says Apple.