EU ban on Galaxy Tab 10.1 partially liftednot due to Apple evidence

Samsung logoThe EU-wide ban on Samsung's Galaxy Tab 10.1 has been partially lifted, but not because of rumblings that Apple might have used bad evidence in its complaint. On Tuesday, the Düsseldorf regional court decided to allow the Galaxy Tab 10.1 to be sold across Europe again except for within Germany, which is where Apple brought its original complaint against Samsung in Europe. The decision was apparently made because of jurisdiction concerns, which bodes well for Samsung as it continues to push its appeal of the case.

It was only a week ago when the German court granted a preliminary injunction against Samsung's Galaxy Tab 10.1 following Apple's complaints that the tablet copied the iPad design. The decision was based on alleged violation of a European Community design registration for the iPad, and since the registration was filed with the EU and not just in Germany, the court decided that the ban would be enforceable throughout Europe (minus the Netherlands).

On Monday of this week, however, a Dutch publication called webwereld published the results of its own investigation showing that Apple may have used inaccurate evidence in its complaint against Samsungthe Galaxy Tab 10.1 photo used in the complaint was of slightly different dimensions than the real Galaxy Tab 10.1, leading some to believe it was manipulated to look more like the iPad. Even if it was a mistake, however, those keeping an eye on the Apple-Samsung drama speculated that the discovery could affect the injunction in the EU once word got back to the courts.

EU ban on Galaxy Tab 10.1 partially liftednot due to Apple evidence

Well, the Internet apparently shouldn't give itself so much creditat least not yet. A court spokesperson told the Wall Street Journal that it was simply unclear as to whether a German court could ban a South Korean company from selling products outside of Germany, and Florian Müller from FOSS Patents says the court made no mention of the substance of Apple's complaint when he called to ask about the case. "Therefore, the question of whether Apple's evidence was suitable or not has, at least in a formal sense, not played a role in this decision on a suspension," Müller wrote.

So where do things stand now? The injunction is still in place within Germanymeaning the Galaxy Tab 10.1 can't be sold thereand Samsung's German arm is still barred from selling the device anywhere in Europe. This means that German customers still can't buy a Galaxy Tab 10.1, but those outside of Germany could potentially buy one directly from Samsung (so long as it's not Samsung Germany) for the time being.

When the injunction was first imposed in Europe, Samsung appealed immediately. That appeal is still in place despite parts of the injunction no longer being enforced, and a hearing is currently set for August 25.

Source: Ars Technica

Tags: Samsung, tablets

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