Samsung Galaxy Tab ban upheld in Germany

 

Preliminary injunction restricted to Germany.

A German regional court has upheld a preliminary injunction preventing the sale of Samsung's Galaxy Tab tablets, marking another win for Apple in the global patent battle between the two manufacturers.

However, the Dusseldorf Regional Court restricted the injunction to Germany, going back on an initial decision affecting all European Union member countries.

According to reports of the case, Samsung will not be able to promote or sell any new products in Germany that infringe the successfully-enforced Community design; a design-related intellectual property right held by Apple.

The South Korean firm could go to a higher regional court, the Oberlandesgericht Dusseldorf, in a bid to have the injunction lifted.

However, the preliminary ban will remain in place as the case goes to main proceedings.

A final decision is expected then on whether to permanently ban the Galaxy Tab in the country or not.

If the latter scenario plays out, then Apple may be the one to lose out.

“If the decision at the end of the full-blown main proceeding is that the injunction should not have been granted in the first place, then Apple will be liable to Samsung for damages,” IP expert Florian Mueller said.

There is also some confusion as to what Samsung devices have been banned, as judge Johanna Brueckner-Hoffmann only said “Galaxy Tab”, without referring to specific models.

“The way the judge reportedly pronounced today's decision, Samsung won't be able to promote or sell any new products in Germany that infringe the successfully-enforced Community design for as long as the injunction is in force,” Mueller said.

Samsung was forced to pull the latest version of its Galaxy Tab line-up - a 7.7-inch version - from a German trade show last month due to the ongoing court case.

Apple and Samsung are currently involved in a number of court battles across the world including Australia, where the South Korean firm has vied for access to the iPad's sales figures for reference.

In the Netherlands, Apple recently won a case resulting in the sales ban of three Galaxy phones. The patent infringement could be avoided if Android 3 was uploaded to the devices, however.

This article originally appeared at itpro.co.uk

Copyright © ITPro, Dennis Publishing


Samsung Galaxy Tab ban upheld in Germany
 
 
 
Top Stories
First look: Microsoft Outlook for iOS
[Update] Office productivity suite for iOS completed with Outlook.
 
NewSat defaults on $26m in overdue Lockheed payments
Jabiru-1 satellite build hits further hurdles.
 
IBM denies plans to cut 112k jobs
But admits to further restructuring.
 
 
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
Microsoft Outlook is now on iPhone and iPad: why could this be useful?
Jan 30, 2015
Microsoft today released Office for Android and Outlook for iOS - complementing the other Office ...
Franchisees, here's something you should know about
Jan 23, 2015
You need to know the Code if you are a franchisee or franchisor as the penalties are significant.
Xero users rejoice! Quoting has finally arrived
Jan 23, 2015
It has taken years, but Xero has at last added integrated quoting to its online accounting software.
You can now get a no-contract wi-fi tablet from Telstra
Jan 17, 2015
Telstra has began selling wi-fi tablets out of contract without paying extra for cellular ...
Get your business ready for 2015: mobile payments
Jan 2, 2015
These handy apps from MYOB, Xero and others can reduce your administrative load and improve ...
Latest Comments
Polls
Who do you trust most to protect your private data?







   |   View results
Your bank
  36%
 
Your insurance company
  5%
 
A technology company (Google, Facebook et al)
  9%
 
Your telco, ISP or utility
  8%
 
A retailer (Coles, Woolworths et al)
  4%
 
A Federal Government agency (ATO, Centrelink etc)
  18%
 
An Australian law enforcement agency (AFP, ASIO et al)
  14%
 
A State Government agency (Health dept, etc)
  7%
TOTAL VOTES: 3075

Vote
Do you support the abolition of the Office of the Information Commissioner?

   |   View results
I support shutting down the OAIC.
  27%
 
I DON'T support shutting the OAIC.
  73%
TOTAL VOTES: 977

Vote