Samsung has now won another battle against Apple in their efforts to roll out the Galaxy Tab 10.1 tablet and this time the location is the Netherlands where Apple had filed suit in an effort to block the sale of the new tablet. With the refusal to ban the sale, Samsung can now proceed to sell the Galaxy Tab 10.1 tablet in the Netherlands. This was part of an appeal by Apple to attempt to overturn a lower court ruling in the Netherlands which also did not side with Apple. All of this is proving to be problematic for Apple as they appear to be on the losing end of recent rulings. There are others continuing, but this most recent one may be signaling a trend.
In the Netherlands case, Apple lost because of “prior art” claims they were making against Samsung and the courts had deemed that the narrow claims did not apply. That was primarily because of the Knight Ridder tablet from 1994 in a video as the future for presenting news. The other design was the HP Compaq TC1000 and with these two prior designs being in the public, it has weakened the case that Apple has against Samsung to block the Galaxy Tab. Apple may have the design rights, but based on the narrow scope of the filing, Samsung does not violate Apple’s claims.
There is to be a ruling in Germany by the Düsseldorf Higher Regional Court regrading the current temporary ban from selling the Galaxy Tab next week. It is quite possible that Apple could lose in the court case as well given the string of losses they have been experiencing in Europe. That answer will hopefully be known next week.
In the ongoing war between Apple and Samsung, it does appear that Apple is now coming on the losing side of the battles. Samsung’s recent victory in Australia was one which Samsung has staked the Galaxy Tab 10.1 on and with that win, they are now selling the Galaxy Tab 10.1 tablet.
The war continues……