Germany’s Düsseldorf Regional Court is reportedly preparing to issue a tentative ruling against Samsung for unlawful imitation of Apple’s iPhone and iPod products. Florian Mueller of FOSS Patent, citing an “absolutely reliable and independent source,” reported that the court is planning to issue the ruling on August 8th. The decision will involve six legacy Samsung smartphones — Galaxy S, Galaxy S Plus, Galaxy S II, Galaxy Ace, Galaxy R and Galaxy Wave M — and the Galaxy S WiFi 4.0 media player. Apple had claimed that Samsung’s products confused consumers by imitating Apple devices and exploiting the company’s reputation.
Mueller explained that unfair competition law in Germany “prohibits imitation of a unique product or service,” adding that the court must decide on one of three degrees of imitation — identical, near-identical and derivative. Samsung’s sales in Germany will likely not be affected by the ruling because the products are no longer on the market. Mueller noted, however, that Apple could be entitled to “a substantial amount of damages.”
