Apple Wins Europe-Wide Galaxy Tab 7.7 Injunction
But Dusseldorf court upholds decision to let Samsung sell the Galaxy Tab 10,1N
A German court has awarded Apple a preliminary injunction against the sale of the Samsung Galaxy Tab 7.7 in the latest leg of the two companies’ worldwide patent war.
The Dusseldorf Higher Regional Court was deciding on two decisions made by a lower District Court in the same city. However the decision is unlikely to have an impact on the upcoming court battle between Samsung and Apple in the US.
New Galaxy Tab 7.7 Injunction
The court granted Apple a preliminary injunction against the Galaxy Tab 7.7 on an EU-wide basis. Apple was already able to enforce the ban on the device in Germany as it is considered to be a smaller version of the Galaxy Tab 10.1, which was previously banned.
However the appeals court upheld the District Court’s denial of a preliminary injunction against the Galaxy Tab 10.N, the modified version of the tablet.
Analyst Florian Mueller notes that these are just preliminary decisions and that the final decision has not even yet been made by the lower court and could still be appealed.
“While the outcome of the main proceeding is likely going to be consistent with the appeals court’s fast-track ruling, it’s legally possible that the court changes [its] mind,” said Mueller, who added that the decision is likely to provide “valuable clarification” for both parties as they know have a better idea of what parts of the Galaxy Tab infringe Apple’s patents.
“In the United States, Samsung will also have to decide, after the upcoming trial, which changes to the design of its Galaxy Tab line are necessary in order to avoid further infringement,” said Mueller. “The Galaxy Tab 10.1N could serve as a starting point for any design around effort.”
Apple was granted a preliminary injunction against sales of the Samsung Galaxy Nexus ahead of the US court case, but not one for the Samsung Galaxy Tab 10.1
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