Apple did not manage to obtain a preliminary ban on sales of Samsung’s Galaxy 10.1N and Galaxy Nexus smartphone from a court in Germany, which means that both devices from the South Korean giant will still be able to sit pretty on store shelves, enticing the enamored to reach for their wallets and part with their money for a spanking new tablet, smartphone, or both. The Munich Regional Court threw the motion out today, where Apple invoked a patent which was granted to them in 2011 that protects technology related to touch screens for tablets and smartphones. According to presiding judge Andreas Mueller, “Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.”

This must be a relief to the folks over at Samsung, as the ruling came a day after a Dusseldorf appeals court upheld Apple’s request that will see the ban of the Galaxy Tab 10.1 sales. Samsung’s Galaxy Tab 10.1N is actually a revised model, and it seems that Samsung has done enough for the 10.1N to work around the ban’s restructions. The game of cat and mouse in the courtroom continues as both tech giants slug it out in an oratory and paper-fest.

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