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Apple Sues Samsung Again
Samsung appealed the preliminary injunction Apple got on the Galaxy Tab 10.1

Apple has filed two new lawsuits in Germany citing 10 Samsung smartphones and five Samsung tablets with infringing its design IP, the kind of peculiarly European intellectual property it used to get the Galaxy Tab 10.1 outlawed in Germany last year.

Apparently the Düsseldorf Regional Court will hear the phone case in August and tablet case in September.

The FOSS Patents blog figures Apple's design rights assertions may make it impossible for the two companies to structure a mutually acceptable settlement and that they "may just need the courts to clarify the boundaries of Apple's exclusive design-related rights."

Samsung appealed the preliminary injunction Apple got on the Galaxy Tab 10.1 and the Düsseldorf Higher Regional Court is supposed decide whether it was legal or not the week after next.

FOSS says the appeals court's ruling "will certainly clarify the scope of Apple's asserted design right and, more or less directly, indicate what Samsung needs to do to steer clear of infringement." The decision will also influence whether Apple gets the preliminary injunction it wants against the slightly modified Galaxy Tab 10.1N.

FOSS says "If the 10.1N is considered non-infringing (which is reasonably likely to happen), that will be another indication of where Apple's exclusive rights end and Samsung's freedom to compete begins. Of course, Apple will have the same right to have any legal questions clarified by appeals courts."

The Düsseldorf Regional Court has already expressed doubts about banning the Galaxy Tab 10.1N and the appeals court has doubts about upholding the Galaxy Tab 10.1 preliminary injunction. Apple hasn't asked for any injunctions this time through.

Apple has buttressed its case against the Galaxy Tab with six technical patents.

See http://fosspatents.blogspot.com/2012/01/apple-attacks-15-samsung-products-with.html.

About Maureen O'Gara
Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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