A Dutch court has dismissed an appeal Apple made against a lower court’s decision not to grant it a preliminary injunction against the Samsung Galaxy Tab 10.1 in the Netherlands over its design.
In August 2011, Apple won a preliminary injunction against Samsung in the Netherlands based on a photo gallery scrolling patent with its smartphones. However, Apple’s bid to ban the Samsung Galaxy Tab 10.1 in the Netherlands, claiming that its design infringed on its iPad, were denied.
FOSS Patents now reports that Apple’s appeal against this decision has also been dismissed by a higher court in the Netherlands, allowing Samsung to continue distributing its tablet through a Rotterdam port where it moves much of its EU merchandise.
“Samsung welcomes today’s ruling by the court in the Hague, which affirms the August 2011 ruling that the design of the Galaxy Tab 10.1 is distinctive and does not infringe Apple’s intellectual property rights,” Samsung said in an statement.
“This ruling again demonstrates that Apple’s products simply do not warrant the intellectual property protections that it believes,” it said.
The decision comes a week before a German court is set to decide whether or not to remove a ban placed on the Galaxy Tab 10.1 in Germany.
It’s the latest in Apple and Samsung’s ongoing legal disputes spanning the globe, in areas such as Japan, Australia, the US and Europe.
Apple claims Samsung’s Galaxy range of products infringes on the design of its iOS line while Samsung claims Apple infringed on its wireless patents.