Equilibrium in the Apple-Samsung sage is at its best. After scoring a victory over Samsung in Germany, Apple tasted defeat in Netherlands.
The victory in Germany was the second victory for Apple in Germany as Apple had scored a partial victory against Samsung in Germany, last year.
Apart from Germany, so far Apple has been able to defeat Samsung in many countries like France. Before the latest Netherlands victory, the last significant victory of Samsung over Apple was in United States.
In Netherlands, a court has rejected Apple’s appeal to stop the sales of Samsung’s Galaxy Tab tablets there. According to the news report published in Wall Street Journal, the appeals court said that Samsung was not copying Apple’s iPad. The crucial ruling by the Gerechthof’s-Gravenhage, an appeals court in The Hague, has now allowed Samsung to not only sell the Galaxy tablet in the Netherlands, but also to other European markets from the Netherlands.
Apple has claimed that Samsung’s products look like Apple’s in the shape, User Interface (UI) and packaging. The ruling from Netherlands court is specific to the design, and the court ruled that while Apple’s Community design patent was not invalid, the scope was narrow. Thus, it was found that Apple’s design had not been infringed by Samsung.
Prior art was a factor in the courts’ decision and it including the now famous Knight Ridder tablet.
Apple has been trying protect its patents and everything that is special about iPad and in this battle, at the moment, Samsung is the chief rival to Apple. Last year, Apple accused Samsung of copying the design of Galaxy Tab from iPad and Apple’s victory in the court case resulted in a ban on the sales of Galaxy Tab in Australia.
An Australian court quashed the ban on Samsung Galaxy Tab 10.1 in Australia in late November 2011. Galaxy Tab was released after 9 December 2011 because Apple had obtained a stay order on the implementation of verdict lifting the ban. Apple had also requested for more extension but its plea was rejected.
Apple and Samsung will face each other again in an Australian court in March 2012.
Source: The Mac Observer