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Take that, Apple. Dutch court cool with Samsung Tab design

Apple comes up empty as a Dutch court dismisses its claims that Samsung's Galaxy Tab 10.1 infringes on the iPad's look and feel.

Roger Cheng Former Executive Editor / Head of News
Roger Cheng (he/him/his) was the executive editor in charge of CNET News, managing everything from daily breaking news to in-depth investigative packages. Prior to this, he was on the telecommunications beat and wrote for Dow Jones Newswires and The Wall Street Journal for nearly a decade and got his start writing and laying out pages at a local paper in Southern California. He's a devoted Trojan alum and thinks sleep is the perfect -- if unattainable -- hobby for a parent.
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Roger Cheng
2 min read

Apple suffered another legal setback after a Dutch court sided with Samsung Electronics, ruling that the Galaxy Tab 10.1 does not infringe upon the iPad's design.

Samsung Galaxy Tab
At least in the Netherlands, Samsung's Galaxy Tab 10.1 is safe--from a design standpoint--from Apple's lawyers. Samsung

A court in The Hague, Netherlands, dismissed an appeal by Apple, its latest attempt to get Samsung's Galaxy Tab 10.1 banned from the country, according to legal blog Foss Patents. A lower court in The Hague had initially dismissed a similar request by Apple in August.

The ruling comes a week before a similar decision is expected in a German court over a ban that was initially placed on the Galaxy Tab, said Florian Mueller, who runs Foss Patents. He said the decision could remove the ban, dealing Apple yet another legal defeat.

Samsung said it welcomed the ruling from today.

"This ruling again demonstrates that Apple's products simply do not warrant the intellectual property protections that it believes," said a Samsung representative.

An Apple representative wasn't immediately available to comment to CNET.

This is just the latest legal development in the long-running battle between Apple and Android manufacturers. Apple has gone after a myriad of Android partners in part to halt the momentum of Google's mobile platform, but also to eventually extract a licensing fee. But the effort has been a costly one, with Apple rumored to have spent $100 million on its litigation against HTC alone.

So far, Apple hasn't come up with much of a concrete victory. Its only decisive win was a U.S. International Trade Commission ruling that found one out of 10 patents was infringed by HTC. But HTC has several months to create a technical workaround to the patent, rendering the victory fairly meaningless.

Google, meanwhile, is attempting to load up on patents with its planned acquisition of Motorola Mobility. Presumably, those patents would benefit all Android partners.

Apple and Android companies such as HTC and Samsung are attempting to get a firm ruling on whether a ban will be imposed in a major country, which would force the two sides to start negotiating a cross-licensing agreement. But until such a decision arrives, both sides will continue to up the ante and file one lawsuit after another in courts around the world.

Updated at 8 a.m. PT: to include a statement from Samsung.