The Channel logo

News

By | Anna Leach 24th January 2012 15:24

Apple's Dutch Galaxy Tab ban shot down by The Hague

Trendy tech titan takes a hit as patent war reaches The Netherlands

The Dutch have found themselves on the front line of the long-running international patent battle between Apple and Samsung: an appeals court in The Hague has rejected Apple's design-related gripes against Samsung's Galaxy Tab tablet, snubbing its request for a ban on the sale of the iPad rival in The Netherlands.

The Hague Court of Appeals upheld the ruling of a lower court denying Apple a preliminary injunction against the Galaxy Tab.

If Apple had won the preliminary injunction against Samsung, as it did in Germany last year, it could have prevented the sale of the Galaxy Tab in the The Netherlands, pending the official resolution of the court case.

After presiding over wrangles regarding the exact appearance of the two tablets and a thorough discussion of features such as dotted lines, screen icons and thickness of the device, the Dutch judge concluded that the Samsung Tablet gave a different overall impression to Apple's iPad.

Calling also on the existence of prior art – including a video promo for a tablet computer by tech firm Knight-Ridder from 1994 – the judge concluded that Apple's design rights were not invalid but that their scope should be narrowed.

The court ruling (in Dutch) is here. ®

comment icon Read 15 comments on this article alert Send corrections

Opinion

Neil McAllister

Claims that cloud will drive Oracle's future growth ring hollow
Pure Storage array

Neil McAllister

How the cloud taught Redmond to play by a new set of rules

Features

Pebble Steel
Meet the man who accidentally created the smartwatch hype
No, silly... he was the fall guy for years of Finnish folly
Fraud image