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Samsung Netherlands

Apple loses another round in European iPad wars

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By Noel Young, Correspondent

January 24, 2012 | 3 min read

A Dutch court has rejected Apple's appeal that Samsung should not be allowed to carry on selling its popular Galaxy tablet computer, a competitor to the iPad, in the Netherlands.

Galaxy 10: Europe go-ahead

A lower court had decided earlier that the Korean company wasn't copying the U.S. company's designs with its Galaxy Tab 10.1 and Galaxy 10.1v tablets. Apple appealed - but the American company failed to convince a higher court, sitting in the Hague. The appeal was thrown out.

This latest victory for Samsung in what is a worldwide legal battle with Apple will also allow the Korean firm's Dutch subsidiaries to distribute the tablet throughout the European Union. The Netherlands is an important European entry point for the device.

Apple first sued in April, accusing Samsung of design and trademark infringements. Samsung expanded the fight, according to the Wall Street Journal, focusing its suits on technology patents.

The Dutch higher court found that the Galaxy Tab could only be compared to the design registered in 2004 - and not to Apple's iPad that was released on the market in 2010.

Apple has said in the past according to the WSJ that it is "no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong and, as we've said many times before, we need to protect Apple's intellectual property when companies steal our ideas."

However, a spokesman declined to comment specifically on the latest Dutch ruling. Nor did Samsung comment.

One victory for Apple: In Mannheim, Germany last week a court decided that Apple hadn't violated one of Samsung's technical patents. Samsung is now deciding whether it will appeal that ruling to a higher court in Germany.

Samsung Netherlands

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