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Setback for Apple, clean chit to Samsung's Galaxy 10.1N

Setback for Apple, clean chit to Samsung's Galaxy 10.1N

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It came as a setback in the camp of Apple, maker of the iPad and iPhone, which failed for the second time to win a ban on sales of Samsung Electronics Co.'s Galaxy 10.1N from a German court.

Rejecting Apple’s plea, the Dusseldorf Regional Court rejected the bid for an emergency ruling in a case where Apple appealed to a European design right. On similar notes, last week Apple lost over an issue related to technology patent in a Munich court.

The state court in Duesseldorf said there were “clear differences” between the Galaxy Tab 10.1N and the iPad. It rejected the bid for an emergency ruling in a case where Apple invoked a European design right.

"The Galaxy Tab 10.1N now sufficiently differs from the form Apple has registered as a design right,” the court said. “Apple’s iPads and Samsung’s Galaxy Tab 10.1N now are two competing products of equal value.”

Apple had earlier claimed that Samsung’s Galaxy tabs and mobile phones were designed and exactly copied on the patterns of the iPhone and iPad and has sued the Korean company in the United States, Australia, Japan and Korea as well as in Europe.

Since then, several countries including the Netherlands, the United States and Australia have decided to allow Samsung to sell the Galaxy tablet.

Samsung, which is Apple’s supplier as well as a competitor, has been trying to have the ban on sales of the original Galaxy Tab in Germany overturned while also seeking other means to fight Apple. The ban was upheld by a court last week.

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