Apple denied Galaxy Tab 10.1N ban in Germany

Apple (s aapl) has failed to secure a preliminary injunction against the Galaxy Tab 10.1N tablet and Galaxy Nexus smartphone in Germany, thanks to a ruling by the Munich Regional Court Wednesday (via Bloomberg). Apple had claimed that the Galaxy 10.1N, a version of Samsung’s Galaxy Tab 10.1 redesigned to avoid a previous injunction, and the Nexus infringed upon a patent related to touchscreen technology.
In delivering the ruling, judge Andreas Mueller suggested that the court didn’t like Apple’s chances for maintaining the validity of the patent claim, saying that “Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.”
It’s a win for Samsung, and one that will no doubt take the sting out of a ruling Tuesday that saw a Düsseldorf court uphold an injunction against the original Galaxy Tab 10.1. This injunction also would have applied to a technical patent, not design IP, which would’ve been much harder for Samsung to work around with simple software or hardware modifications.
Samsung’s bigger concern will still be the pending European Commission’s investigation related to its legal use of patents requiring fair, reasonable and non-discriminatory (FRAND) licensing terms, which the EU regulatory body formally announced on Tuesday.