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Apple launches another attempt to ban Samsung devices in Germany

Galaxy smartphones and tablet PCs subject to a patent lawsuit

Apple has launched a new assault on Samsung and has filed a lawsuit in a bid to ban sales of the Korean giant's Galaxy S Plus and Galaxy S II smartphones in Germany.

The lawsuit, which covers 10 different Samsung smartphone models, was filed in the Dusseldorf Regional Court this week and alleges Samsung infringes a number of design rights held by Apple.

Furthermore, Apple has also filed a patent infringement case covering unnamed Samsung tablet PCs.

In August last year, the Regional Court of Dusseldorf granted a temporary injunction to stop the sales of the Galaxy Tab 10.1 in Europe after Apple claimed Samsung's tablet PC infringes Apple patents for the iPad and the iPhone. In particular, the Samsung Galaxy Tab 10.1 is a similar size to Apple's iPad 2 and is slightly thinner than Apple's tablet PC.

A week later the ban was lifted outside Germany as concerns were raised whether the court had the power to halt sales of devices outside Germany if the company's HQ is based in South Korea.

Samsung then announced it planned to release a modified version of the tablet PC, the Galaxy tab 10.1N in Germany, with a different bezel and re-located speaker, in the hope the device can be sold in the country. But in December, a German judge said it was unlikely an injunction against the Samsung Galaxy Tab 10.1N would be granted as Samsung had changed the design of the tablet PC sufficiently, making it obvious to consumers that it was different to Apple's iPad. However, as the tablet PCs remain unnamed in the new Apple suit it could affect the sales of both models.

Ki Yung, a spokesman for Samsung in Seoul, confirmed to Bloomberg the suits had been filed, but said the company had no immediate comment.

The fight between the pair has seen legal action regarding patent infringement take place in ten countries across the globe.


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