Apple Beats Back Samsung Once More: Galaxy Tab 10.1 and 8.9 Banned in Germany

Apple beat Samsung twice Jan. 31, and a German court found the Galaxy Tab 10.1 and 8.9 mimicked the iPad 2 just a little too much, banning them from store shelves completely. Samsung is not worried about the ruling because they already designed the Galaxy Tab 10.1 N, a device that complies with the copyright infringement ruling and is sold throughout Germany, an Associated Press report said. Apple scored its second victory over Samsung as a European Union antitrust regulator launched an investigation into Samsung's business practices.

The European Commission thinks Samsung may be withholding fair access to its patents on standardized 3G technology even though it said it would back in 1998, the report said. Samsung is suspected of filing frivolous lawsuits against competitors, including Apple, over use of the wireless technology in order to gain an unfair advantage. EU patent holders are obliged to share standardized products with other companies, even competitors, as long as they don't charge exorbitant prices. At the investigation's conlusion, a Samsung defeat could result in fines equal to 10% of their revenue connected to the case.

Samsung now has to think carefully about how it wants to deal with (the probe), Florian Mueller, a patent analyst who's following the battle between Samsung and Apple told the Associated Press.

For now, the commission is focused on Samsung, but it could target other competitors using similar practices, a commission spokesman said. Samsung's next move will be to answer the complaint.

As for the Galaxy Tab ban, it won't affect Samsung, a spokesman said, because they have been seeling the alternate 10.1 N since November.

Samsung will continue to take all appropriate measures, including legal action, to ensure continued consumer access to our innovative products, Samsung told the AP in an email.