24
Jul
GALAXY-Tab-7.7-Product-Image-1

The Galaxy Tab 7.7 has been banned in Germany for a while. Now, though, the 7.7" tablet is officially banned throughout the whole of the EU. Previously Apple was able to enforce a ban on the smaller of the Tabs because it has proven in German courts that it owns the design IP for black rectangles in reference to the Galaxy Tab 10.1. In Germany, Apple can enforce this injunction against the Tab 7.7 due to a principle known as "kerngleicher Verstoß", or "violation sharing the same core". Now, thanks to an appeals court, the decision can be applied to the whole of the EU.

In the lower court, initially it had been ruled that the injunction would be an EU-wide ban, but the court then modified the order such that it only applied to the German subsidiary. Apple, the court claimed, failed to prove that Samsung had an "establishment" in Germany. In what might actually be one of the few common sense decisions German courts have made in recent months, the appeals court found that, no, Samsung's German subsidiary counts as part of Samsung. Because of this distinction, the Galaxy Tab 7.7 is likewise banned throughout the rest of the EU.

Of course, Samsung's legal maneuvering to prevent the ban from extending beyond the borders of Germany by claiming its German subsidiary is a separate legal entity notwithstanding, it may be all for naught. At the moment, the hottest Android tablet on the market right now is the Nexus 7 and at a price point hundreds of dollars cheaper than the Tab 7.7 in most cases. The world may not miss this Tab.

Source: FOSS Patents

Eric Ravenscraft
Eric is a snarky technophile with a taste for the unusual. When he's not obsessing about Android, you can usually find him obsessing about movies, psychology, or the perfect energy drink. Eric weaves his own special blend of snark, satire, and comedy into all his articles.

  • lame

    black rectangles, seriously f*cking kill everyone at apple

  • Jameslepable

    Like I said on another website. That patient was invalidated in the UK so it won't apply here. Also apple tried that last year with the 10.1 German courts tried to impose a euro ban but every basically said F off. German courts don't have jurisdiction over any other country end of discussion. You will still be able to buy it from amazon Netherlands or something if you live in Germany.

    • http://twitter.com/yellowspyder Spyder Ryder

      "Patient" was invalidated?

  • ericl5112

    Right when everyone stopped caring about it? I recall the N7 non-US availability to be somewhat poor. How is it in Germany and the rest of Europe?

  • ben jobson

    does this ban include the tab2

    • insurgent

      No the Tab 2s and the 10.1N share the same bezel design and the 10.1N was found to be "different" enough by the German court.

      • Tyler Chappell

        Too bad German courts are too stupid to know the difference between 9.7" and 7.7" and 4:3 aspect ratios vs widescreen aspect ratios.

  • TheM

    I, for one, believe that underlying issue here is that the ability to patent the simplest of geometrical shapes is beyond ridiculous. At this point I see Apple being able to bully anyone that manufactures attractive devices that have a) Flat surfaces, b) Symmetry, c) Straight lines

  • http://twitter.com/AxelEdman Axel Edman

    Gtab 7.7 has an AMOLED screen, is thinner and has 3g, and is still highly interesting. People still care

    • ssj4Gogeta

      Not to mention that display is SAMOLED Plus and you can also make phone calls.

  • http://www.facebook.com/Gryphkid44 John Desrochers

    Well since black rectangles are already patented, and I am assuming white ones too, can I patent an off-white rectangle and sue apple for making a similar product? This ruling shows that prior art is irrelevant. Seriously though, how does a patent on a "black rectangle" not get thrown out.

    • Alan

      It already has in the UK!!!!

  • baz

    Thanks Apple - my next device will definitely be Android. Something like the Galaxy Note 10.1. Thank goodness you can't patent my choice on what I wish to buy or tweak as I choose to. Keep your faithful happy by releasing a smaller minipad and then claim that you thought it up first. Not that you blocked a superior similar sized device from making it to market months ahead of you.
    They probably will believe you. And continue to believe that they are at the forefront of technology.
    Suing successful companies that have gone their own way is just cheap bullying, kills innovation and costs us the consumers more. I for one wont contribute to your war-chest. Why Samsung keeps selling you their screens just to get sued by you completely beggars belief. Sure you would find some poverty-stricken people somewhere to keep making components for you anyway.
    'Litigate don't innovate' describes you perfectly.

  • Scubbasteve

    Really? I never liked apple. they keep doing stuff like that they will some people.

  • L boogie

    I wonder if this has anything with their upcoming mini iDud and thankfully, they havent patented consumer choice because this sucks though its an awesome tab and im glad i purchased one. Apple has truly hit the jackpot with their litigation operation with a side order of mobile, keep up the diabolic work

  • GazaIan

    Fuck Apple