By Anton D. Nagy | January 31, 2012 4:56 AM
Samsung’s Galaxy Tab 10.1 faced a preliminary injunction in Germany issued back in August of 2011 and, after a September hearing was upheld. The South Korean manufacturer appealed the decision but the Düsseldorf Higher Regional Court has decided to maintain it.
If the initial August (and September) preliminary injunction was issued, at Apple’s request, based on a violation of a Community design (which is the European equivalent for U.S. design patents), today’s decision is based on a violation of the German Unfair Competition Law.
Furthermore, the Düsseldorf Higher Regional Court ruled that decision is also applicable to the Galaxy Tab 8.9. A win is still a win but Apple would have preferred an injunction based on Community designs, reinforceable in other EU countries too. The German Unfair Competition Law only applies to German territory while Community designs are Union-wide.
Even in the case of Community designs, “a Dutch appeals court narrowed the scope of that design-related right and did not find Samsung in infringement”, according to Florian Mueller.
On the counter-attack side, Samsung is trying to convince courts that Apple is infringing on seven of its patents. However, the court just recently rejected the Korean manufacturer’s second 3G patent claim against the Cupertino-based company.
Source: FOSS Patents