A German judge said today that Apple is unlikely to win a ban on the modified Samsung Galaxy Tab 10.1N tablet.
According to Bloomberg, Judge Johanna Brueckner-Hofmann with the Dusseldorf court said Samsung has probably altered the Galaxy Tab 10.1 enough with its new "N" version to avoid infringing upon Apple design patents.
"Consumers are well aware that there is an original and that competitors try to use similar designs, so buyers are vigilant when looking at products," Brueckner-Hofmann said. "We don't think that someone buys a Samsung to make his table neighbor at the coffee house believe he owns an iPad."
In a statement, a Samsung spokesman said "Samsung remains confident that we can demonstrate that the design of the Galaxy Tab range is distinctive, and does not infringe any of Apple's intellectual property rights."
"We will continue to assert our intellectual property rights and defend against Apple's claims to ensure our products remain available to consumers in Germany," he continued.
Apple and Samsung have been waging a patent war against each other all over the globe since April, when Apple fired the first shot.
In August, the Dusseldorf court blocked the sale of the Galaxy Tab 10.1 in Europe, with the exception of the Netherlands. Amidst questions over whether a German court had the right to ban a Korean company from selling its wares outside Germany, the court later tightened its ruling and only applied the ban to sales within Germany.
To get around that, Samsung introduced a modified tablet, dubbed the Galaxy Tab 10.1N. It apparently sports a metal frame or bezel that wraps all the way around the edge of the tablet. It hit the German market the week of Nov. 21, and not surprisingly, Apple also sought to have the 10.1N included in its lawsuit.
A final ruling is expected on Feb. 9.
Apple was successful in delaying the launch of the Galaxy Tab 10.1 in Australia as well, but a court recently allowed the device to be sold in the country.