- Apr 12, 2001
FOSS Patents reports that Apple has been granted an expanded sales ban on Samsung's Galaxy Tab 7.7 over design infringement, with a German court issuing a preliminary injunction ruling that Samsung may not sell the device anywhere in the European Union. A sales ban in Germany has been in effect for a number of months now under a decision related to its larger sibling, the Galaxy Tab 10.1, but today's decision extends the ban to all EU countries.
The lower court had originally entered an EU-wide preliminary injunction against the Galaxy Tab 10.1 affecting not only Samsung's German subsidiary but also its Korean parent company and, as a result, the Samsung group as a whole. It then modified that order so as to apply only to the German subsidiary, holding that Apple had not proven that the Korean parent company has an "establishment" in Germany. The appeals court, however, disagreed and found (already in the Galaxy Tab 10.1 decision) that Samsung's German subsidiary is effectively an establishment of the Korean parent company, even though it formally claims to be an independent legal entity.
The appeals court did not, however, find in Apple's favor regarding the Galaxy Tab 10.1N that Samsung released with a tweaked design to skirt around an injunction on the original Galaxy Tab 10.1. That design was a product of close collaboration between Samsung's designers and lawyers in order to address the court's findings of design infringement in the original model.
The report notes that these rulings are still preliminary, with Apple still pushing forward on two separate cases against Samsung in the German courts covering a total of five tablet and ten smartphone models.
Article Link: Apple Wins EU Sales Ban on Samsung Galaxy Tab 7.7, Loses Appeal on Galaxy Tab 10.1N