Wednesday 17 August 2011

German Court Suspends Tab To Galaxy In The Case Of Apple, Samsung

I hope that some popcorn and German Law book ready, because this is a back and forth between Apple and Samsung may just be better. Today, the preliminary injunction to prohibit the sale, the Galaxy Tab 10.1, the EU has been partially removed. Now, before jumping to the same conclusions I did, I say, that the interruption is not anything to do with that false evidence was found yesterday inside Apple's complaint. At least, not the cause of the Düsseldorf Regional Court has given a lift.

Instead, a court spokesman said there are doubts about whether or not a German court has the right to prohibit a company based in South Korea to sell their products throughout the European Union The Wall Street Journal. The suspension order is effective until the appeal hearing on August 25, in which Samsung will present their arguments to reverse the original decision. Unfortunately, things do not change much for German customers - the ban is still in progress in Germany. The rest of Europe will be able to catch one as it comes GalTab by the parent company of Korea, but Samsung's German unit still will not be allowed to sell the device in the EU.

According to the Free Software patents, the patent infringement cases should be handled by the individual European nation, while there are intellectual property rights and trademarks, which may be issued by an institution of the European Union. The intellectual property rights can then be applied throughout the EU, as is the case with Apple. Apple's initial complaint was based on its own intellectual property, Community Design 003781832, which can be found after the break.

The German legal system tends to lean more towards the right holder that the alleged infringer so that Apple knew he had a pretty good chance of winning the injunction. Because the complaint was based on an IP right granted by an EU agency (instead of a certificate issued by a national patent office), Apple also knew that the injunction should reach beyond the Germany to the EU. In fact, only the company excluded the Netherlands because he has an even more extensive at present, there in the middle of September.

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