Court lifts EU-wide sales ban on Samsung Galaxy Tab

Court lifts EU-wide sales ban on Samsung Galaxy Tab

Apple's patent victory has been watered down by German judge.

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 said.

"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.

This article originally appeared at pcpro.co.uk

Source: Copyright © PC Pro, Dennis Publishing

See more about:  court  |  lifts  |  euwide  |  sales  |  ban  |  samsung  |  galaxy  |  tab
 
 

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Comments: 7
photohounds
17 August 2011
Step one is shooting down the falsification in this "patent stupidity".


Comment made about the PC & Tech Authority article:
Court lifts EU-wide sales ban on Samsung Galaxy Tab?
Apple's patent victory has been watered down by German judge.

What do you think? Join the discussion.
amcmo
17 August 2011
Again, you claim falsification, hanging on one pic without any background detail. Perhaps we wait for the actual outcome.

The ban was raised as the court felt it had overstepped the bounds of it's powers, not because of any issue with the injunction at this time.
photohounds
22 August 2011
Maybe not AM, seeds of doubt can be very effective weapons, and they've been planted.
amcmo
22 August 2011
The court has confirmed it was ONLY because of the EU wide ban being outside of their powers.

THe case is ongoing and has also been expanded to the Netherlands.

Seeds of doubt in your mind only.

An intelligent observer would wait for the courts rather than trying to pre-judge the outcome.
photohounds
22 August 2011
Having a "non-legal opinion" is also acceptable to a thinking person.

Should consumers "wise up to the intellectual fraud that is the law"? [The Case Against the Law: Legal Jargon, Legal Learning, and Legal Legerdemain By Ken Vinson]

One intelligent observer - a la Dickens
amcmo
23 August 2011
Yes, however when it comes down to endless rants against Apple (and not other companies (including Samsung, HTC) using the very same law to push their cases against Apple and others) it wears more than a little thin.

As I and a number of others have said. The law as it currently stands is stupid in the extreme, however it is the law they all have to operate within.

Do you expect Apple to say 'we won't sue you under the law as it is, please be nice and not sue us either'

Fat chance in either direction.
photohounds
23 August 2011
Maybe so AM, I can see why the Big A is resorting (in part) to the "Anything rectangular, software-driven, black and glass-screened is a copy of ours." ruse.

see apcmag.com/samsung-galaxy-s-ii.htm

As a historical perspectivem there were just SO many similar devices before (photo frames often used OSS hacks to run), all smartphones and the tablets look very similar to the early designs in most ways - because that's a logical layout, abd probably cheapest to make. Why can't I have an oval tablet?

For many, 'thinking' the ipad is the best/original/whatever, seems reminiscent of hearing a cover of a song and 'thinking' it is the original, a year or three before hearing the actual original.

I've never said that Samsung, HTC, et al., were 'originals' (they absolutely are not, abd neither are the Big A'd products). These devices have trodden a path very well worn by other products, on the way to production.

I'd expect that the targets of patent stupidity will bring the court some needed history lessons. It will be very interesting to see if the courts can see anything novel in devices so similar, beyond the Big A's spectacular marketing success after class is over.
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