Samsung Tab banned from Germany

Apple has won the first major international skirmish in the patent wars. Today a German court banned the sale of Samsung’s Galaxy Tab 10.1 within the country’s borders. According to AFP, the judge issuing the ban cited design similarities between the Tab and Apple’s iPad 2 to justify the ban, which could set an ominous precedent as Samsung and other tablet and smartphone makers fight Apple’s challenges around the world.

The ban, however, only applies to Germany, not the entire European Union, which is what Apple was angling for when it pressed its claims. Samsung and other mobile device makers, however, face complaints before trade commissions and civil courts in multiple countries, and many of those companies have pushed back on Apple filing their own patent infringement claims against the smartphone giant.

According to Frost & Sullivan analyst Craig Cartier, the German ban has a relatively small impact on its global tablet business, but the real danger for the Korean consumer electronics maker is the fallout from the ruling. In a research note, Cartier wrote:

“The ruling in itself will not greatly affect Samsung but if the ruling sets precedent for other courts, it would be a significant blow. However, it is helpful to put this case into the context of the overall tablet market, which is still dominated by Apple.

“After Apple's success with the iPad and iPad 2, a plethora of competitors came to market quickly with 'me-too' devices, none of which have done exceptionally well. Samsung's Galaxy Tab is the closest competitor to Apple, but the fact is, Samsung has work to do in catching Apple regardless of the outcome of this case. Along the same lines, Samsung may very well modify the tablet to work around the ruling, but nevertheless, they need to re-evaluate their product in relation to Apple, and provide consumers a more compelling offer.”

Apple has filed similar ‘look and feel’ infringement complaints against Samsung before the U.S. International Trade Commission (ITC), which has the power to ban the importation of devices into the U.S. Samsung is trying to make its own case before the ITC, seeking a ban on iPhone and iPad imports. While Apple is based in the U.S., its manufacturing operations are not. An importation ban would be crippling for Apple, just as it would be for Samsung.

Apple has already succeeded in winning an initial ITC infringement ruling against Samsung’s fellow Android device maker HTC, though the commission hasn’t gone so far as to impose a ban as of yet (CP: Patent ruling against HTC could be a blow to the entire Android ecosystem). Google has started helping its Android licensees, at least indirectly. Rather than go after Apple directly, it has transferred patents to HTC, which it is using to file its own infringement claims against Apple (Unfiltered: Patent lawsuits take a Cold War turn).

A showdown for the ITC would be a disaster for U.S. operators, and at least one is trying to head it off. Verizon Wireless has asked the Obama administration to overrule any ITC ban affecting smartphones and tablets (Unfiltered: Verizon asking Obama to step into smartphone patent war).