Court lifts EU-wide sales ban on Samsung Galaxy Tab
By Stewart Mitchell
Posted on 16 Aug 2011 at 16:03
The EU-wide sales ban on Samsung's Galaxy Tab has been lifted.
The ban was imposed by a German court after Apple claimed the Tab copied its iPad device, with a filing that contained inaccurate photo comparisons between the rival devices.
Now, the court has reversed its decision to block sales across Europe, although the provisional injunction still applies in Germany.
According to a spokesperson for the German court, the latest decision followed questions about whether or not it had jurisdiction to ban a South Korean company from making sales across Europe.
"There are two Samsung companies involved in the case - one is a German subsidiary and the other is South Korean Samsung," the spokesperson told PC Pro.
"For the Germany company nothing changes, and for the South Korean company nothing changes in Germany, but it can sell elsewhere."
The spokesperson said the lifting of restrictions had nothing to do with the questionable photos in Apple's original court filing.
The preliminary injunction will be discussed in an appeal hearing on 25 August, when Samsung will have a chance to address the accusations of patent infringement. The decision to allow sales in the rest of Europe will stand until then. Apple declined to comment.
From around the web
Not a Patent issue
This is too due with some thing called Community Design not Patents. CD are a new EU law from 2002, read about it on wiki. Glyn does a good explanation here: http://blogs.computerworlduk.com/open-enterprise/2
011/08/rotten-to-the-core/index.htm
By M_Hamer on 16 Aug 2011 ![]()
My Ears...
"Apple declined to comment"
My goodness, that was loud!
:-)
By wake1976 on 17 Aug 2011 ![]()
Germany...
The Galaxy Tab 10.1 has reappeared on the German Amazon site today.
By big_D on 17 Aug 2011 ![]()
EU COURT?
Since when has a german court the right to impose a EU wide ban, or do the germans now run the EU,and not the EU COURTS??
By GOTREK on 18 Aug 2011 ![]()
Jurisdiction
Gotrek. My take would be that if a company is based in Germany a German court can stop it doing anything it wants. A non German based company can be stopped doing stuff in Germany but not elsewhere.
Hence, the German Samsung is bound across the EU, but the South Korean arm of Samsung is only bound in Germany.
Does that sound about right?
By ThePoshCat on 18 Aug 2011 ![]()
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