Apple v. Samsung: Summary Update - January 2012

Engadget has started a "Follow the Saga" feature concerning the ongoing Apple v. Samsung feud, including the most recent announcement that the ban on the original Galaxy Tab 10.1 has been upheld in Germany.  The "Follow the Saga" coverage at Engadget also includes Samsung's 3G lawsuits.

Of note, Apple filed another suit against Samsung in Germany on January 17, 2012, asserting Registered Community Design Nos. 000748280-0006 and 000888920-0018 against 15 Samsung phones between the two designs, as reported by FOSS Patents.  There is an invalidity proceeding pending in both, each initiated by Samsung on August 9, 2011.

Registered Community Design No. 000748280-0006

Registered Community Design No. 000888920-0018

Apple v. Samsung: Apple is denied Preliminary Injunction against the 10.1N in Germany

Following our prior post regarding Apple's request for preliminary injunction, Reuters reported on December 22, 2011, that Judge Johanna Brueckner-Hofmann stated that, "[a]ccording to the court's assessment, the defendant has moved away sufficiently from the legally protected design." A final verdict is expected in February.

Apple v. Samsung: Apple requests Preliminary Injunction against the 10.1N in Germany

Following our prior post regarding Samsung's new Galaxy Tab 10.1, Dow Jones Newswires now reports that Apple has requested a preliminary Injunction against Samsung's revised design. 

A hearing is reportedly scheduled for December 22, 2011.  FOSS Patents provides some Germany-specific insight on this development, and expects the hearing to not only relate to Apple's community design claims, but also Apple's unfair competition claims.

Apple v. Samsung: "Design Around" in Germany

On November 16, 2011, FOSS Patents reported on Samsung releasing an updated version of the Samsung Galaxy Tab 10.1 with a revised visual design.  This updated version is expected to available for sale in Germany shortly.

The revised tablet is now called the Galaxy Tab 10.1N.  Does this N refer to Non-infringing?

MOBIFLIP.de posted the image below comparing of the 10.N (top) and the 10.1 (bottom).

Most notable in the above images, the bezel on the N is more pronouced.  The bezel on the N has relatively large left and right sides.  Further, as more clearly shown in the image below reproduced from Engadget, speaker ports are provided on the left and right sides of the bezel.

Will these changes be enough to overcome Apple's European Community Design No. 000181607-0001?

Representative images from the Community Design are provided below.  The Community Design relates to U.S. D504,899, and shows a bezel which appears to be narrow than that of the 10.1N, at least along the sides.  Additionally, there does not appear to be any speaker ports provided in the side bezel.

Apple v. Samsung: Preliminary Injunction in Germany; Updated September 9, 2011

Following up on our coverage of the Apple/Samsung dispute in Germany, FOSS Patents has reported that the Regional Court of Dusseldorf (Germany) has once again upheld the preliminary injunction against Samsung's Galaxy Tab devices based on a Community Design.  Although the decision can be appealed, the preliminary injunction may hold until full proceedings are conducted, which FOSS Patents indicates could take up to a year to conclude.