Today a Dusseldorf Higher Regional Court in Germany made a ruling between Apple and Samsung. Samsung has been allowed to start exporting the Galaxy Tab 10.1N again, but there has been a ban of the smaller Galaxy Tab 7.7 to the entire European Union. Apple had also been seeking an injunction of the Galaxy Tab 10.1N back in February. Apple said that the 10.1N was not distinct enough from the original Galaxy Tab 10.1.
Below is a statement that Samsung sent to The Verge about the 10.1N:
“Samsung welcomes the court?s ruling which confirms our position that the GALAXY Tab 10.1N does not infringe Apple?s intellectual property and does not infringe laws against unfair competition. Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”
Below is what Samsung had to say about the Tab 7.7 being banned in the EU:
“Samsung is disappointed with the court?s ruling. We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple?s claims to ensure our products remain available to consumers throughout the European Union.”
Now Apple is demanding $2.5 billion in damages from Samsung for infringing on their patents according to their latest filings. Of that amount, $2 billion is based on Apple’s demand for a share of Samsung’s profits from products that infringe on Apple’s design patents according to FOSS Patents. Apple cited their own research that said customers are willing to pay as much as $100 more than the base price for a Samsung smartphone or tablet that comes with certain patented Apple features. Apple specifically mentioned tap-to-zoom ($2.02 per device) and a “scrolling API” ($3.10 per device).