Düsseldorf Higher Regional Court has upheld the original decision that bars Samsung to sell Galaxy Tab 10.1 (including Galaxy Tab 8.9) in Germany. The decision today was surprisingly, not influenced by any design patent infringement. In fact, the court announced its decision on the basis of a violation of German unfair competition law.
As Foss Patents points out, today’s decision does not have any bearing on the modified Galaxy Tab aka Galaxy Tab 10.1N that is on sale in Germany. The preliminary injunction decision against Galaxy Tab 10.1N will be announced on February 9, 2012.
If we are going to ban sales of items that look alike, then lets start banning almost any product that isn’t 100% original and unique.. That would ban almost all electronics, office supplies, furniture, etc..