updated 12:25 pm EST, Wed February 1, 2012
Apple denied chance to include Nexus in early ban
A Munich court on Wednesday denied Apple's motions to have preliminary bans imposed on the Galaxy Nexus and the Galaxy Tab 10.1N. Judge Andreas Mueller sided with Samsung's view that it was 'more likely than not" the 2011-era Apple patent at stake would be revoked, leaving Samsung's devices in the clear. Prior art already existed on the market before Apple had filed in Germany, the court said.
Full details weren't available, although it may be a reference to the slide-to-unlock gesture that was at the heart of the dispute with the Galaxy Nexus. Google's unlock ring in Android 3 and 4 is commonly thought to be avoiding Apple's technique on purpose. Apple had interpreted it as still being too close, and a successful decision could have found many Android 4.0 devices, not just the Galaxy Nexus, excluded in Germany.
The Tab 10.1N is still subject to a second decision relating to the Tab 10.1N's design on February 9 and could be banned regardless. Both actions are only restricting preliminary bans and don't preclude a permanent ban if the trial court doesn't side with the initially ruling judge.