Samsung Galaxy Tab ban upheld in Germany
Apple gets its way with a Samsung Galaxy Tab ban in Germany.
Samsung has lost another court battle to Apple, as the Galaxy Tab ban in Germany is upheld by the Dusseldorf Regional Court.
The court had originally imposed a ban on the device across Europe but then went back on that decision. Yet the preliminary ban on sales in Germany has been confirmed, meaning Samsung is running out of options in the country.
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.
The South Korean firm could go to the Oberlandesgericht Dusseldorf (the higher regional court) in a bid to have the injunction lifted.
However, the preliminary ban will remain in place as the case goes up to the main proceeding at the regional court. At the end of that lawsuit, a final decision will be made on whether to permanently ban the Galaxy Tab 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," explained IP expert Florian Mueller.
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.
Apple and Samsung are currently involved in a number of court battles across the world.
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 onto the devices, however.
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