Apple will likely lose its case requesting a sales ban on the Motorola Xoom tablet in Germany, said a Dusseldorf court.
Presiding Judge Johanna Brueckner-Hofmann said that a ban is unlikely in her preliminary assessment of the case; however, that assessment could change after today's arguments are reviewed. A ruling is scheduled for July 17th.
"We don't think someone sits in a coffee house using the Xoom and hopes other people will think he owns an iPad," Brueckner-Hofmann said.
The judge also noted that the court will probably also reject a counterclaim filed by Motorola Mobility to invalidate Apple's EU design right protecting the form of the iPad.
The Xoom looks nothing like the Ipad at all..
If Apple want to pull this they will have to go after all the other tab makers also as they have a screens also as the ipad dose so they must be copying them... please...
i mean even looking at the backs of the xoom and ipad... there nothing alike....
No one has claimed that it's an outright duplicate of Apple's iPad. The argument is that they stole just enough that it looks like a 'cheaper version of the same thing'. Thus it's worse than outright counterfeiting, since it makes the Apple product look bad due to it's own bad design. Apple isn't accusing them of counterfeit, they're claiming violation of their design patents. I think this judge needs to review her legal dictionary to remind her of what the law says on the subject.