Apple Inc scored a symbolic legal victory in efforts to keep its lead spot in the tablet computer market when a German court upheld a ban barring Samsung's local unit from selling its Galaxy 10.1 tablets in Europe's biggest economy. Samsung, which said it will appeal the decision, and Apple have been locked in a global battle over smartphone and tablet patents since April.
Samsung's Galaxy devices are seen as among the biggest challengers to Apple's mobile products, which have achieved runaway success. Samsung said it was disappointed by the ruling and that it believed the ruling restricts design innovation and progress in the industry. It said it would explore all legal options, including continuing to aggressively pursue Apple for what Samsung said are a violation of its wireless technology patents around the world.
Craig Cartier, analyst at consultancy firm Frost & Sullivan, said that while Friday's ruling would not greatly affect Samsung it could set a precedent for other courts and have repercussions for patent battles world-wide. "There has been an arms race in the patent world which has led to a high valuation of patent portfolios, including Nortel's $4.5 billion patent auction," Cartier said.
"Companies may start to question if patent values are simply another bubble waiting to burst." The temporary injunction upheld by the court on Friday bars Samsung Germany from selling the Galaxy 10.1 tablet in Germany.
But retailers such as consumer electronics chain Media Markt will still be able to sell the device by selling off existing stock or getting new supplies from the South Korean group's parent Samsung International. Patent expert Florian Mueller said in his blog www.fosspatents.com that the sales ban in Europe for Samsung Germany has no practical consequences. The German subsidiary is also barred from selling the tablets in Europe, excluding the Netherlands where Apple requested a separate injunction.
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