Galaxy Tab given EU reprieve by German court (but not in Germany)
by Steven Mostyn - Aug 17 2011, 08:52-Galaxy_Tab_8.jpg)
Back in stock. Aber für Deutschland nicht. Image: Samsung.
At the beginning of August we reported on Apple’s ongoing patent infringement battle with Samsung—focusing on the Cupertino gadget maker’s attainment of an injunction preventing the sale of Samsung’s 10.1-inch Galaxy Tab across Europe.
That initial ruling, which was enforced by a court in Germany, has now been temporarily reversed in light of an appeal lodged by Samsung in which it challenges the powers of local courts to pass Europe-wide judgements against a non-European company.
As a result, the same Dusseldorf court responsible for pulling the Galaxy Tab from retail shelves has agreed to lift its blanket ban. However, the injunction is still in place in Germany, where the 10.1-inch tablet remains unavailable to EU buyers.
Taking a closer look at the court’s August 4 decision against Samsung, it was acting on Apple’s legal claims against Samsung Korea and the company’s German subsidiary.
As of today, the injunction against Samsung Korea has been lifted prior to the appeal hearing, while the injunction against Samsung Germany is unaffected.
According to Apple, main market rival Samsung violated its patents during the crafting of its Galaxy Tab computer devices—which, like most other tablets, do bear a resemblance to the iPad.
Apple has also recently unleashed its patent infringement dogs on Motorola and its Xoom tablet.
Samsung’s appeal hearing will take place on August 25.
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