Apple Inc. has won an injunction against Samsung Galaxy Tab 7.7 in a German court which means that its sales are banned across the European Union as of now.
The decision was announced by Dusseldorf Higher Regional Court on appeal filed by Apple Inc. against the District Court’s denial of a preliminary injunction against Samsung Galaxy Tab 10.1N. The Galaxy Tab 10.1N has been introduced by Samsung as a modified variant of the original Galaxy Tab 10.1, injunction on which was upheld in Germany based on unfair competition law. Apple’s appeal to get Samsung Galaxy Tab 10.1N banned has been denied.
However, Apple did succeed in winning a preliminary injunction against Samsung’s smaller tablet. Quoting Oliver Voss, editor of a respected German business weekly Wirtschaftswoche, Foss Patents writes:
Apple won a preliminary injunction against the Galaxy Tab 7.7 on an EU-wide basis. It was previously already able to enforce the Galaxy Tab 10.1 decision against the Galaxy Tab 7.7, which has the same design but a smaller form factor (under German law, this is called a “kerngleicher Verstoß”, or “violation sharing the same core”). But with the appeals court’s decision, it can now also prevent Samsung’s Korean parent company (and, as a result, its different international subsidiaries) from selling the Galaxy Tab 7.7 anywhere else in the EU.
Samsung expressed disappointment on the court’s decision to ban the Galaxy Tab 7.7. A spokesperson said:
We will continue to take all available measures, including legal action, to protect our intellectual property rights and defend against Apple’s claims to ensure our products remain available to consumers throughout the European Union.
Regarding the Samsung Galaxy Tab 10.1N decision, the spokesperson added:
Samsung welcomes the court’s ruling which confirms our position that the Galaxy Tab 10.1N does not infringe Apple’s intellectual property and does not infringe laws against unfair competition.