German Court Upholds Injunction Against Samsung Galaxy Tab
Posted September 9, 2011 at 2:19pm by iClarified
The Dusseldorf Regional Court has once again upheld a preliminary injunction against the Samsung Galaxy Tab based on the alleged infringement of a Community design, reports FOSS Patents.
The same court had granted the injunction on August 9 wih EU-wide scope except for the Netherlands (where Apple was pursuing a separate case), then suspended the cross-border part a week later (thereby limiting its geographic scope to Germany), and held a post-injunction hearing on August 25 (at which it was still upheld and a post-hearing decision scheduled for today).
Samsung could now try to appeal the decision to the Oberlandesgericht Dusseldorf (Higher Regional Court) in another fast-track proceeding there. The main proceeding in the Regional Court will continue whether or not the matter is appealed to a higher court.
FOSS Patents notes that in announcing the decision the judge didn't say "Galaxy Tab 10.1" -- she just said "Galaxy Tab" which likely refers to any current or future models based on that design.
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The same court had granted the injunction on August 9 wih EU-wide scope except for the Netherlands (where Apple was pursuing a separate case), then suspended the cross-border part a week later (thereby limiting its geographic scope to Germany), and held a post-injunction hearing on August 25 (at which it was still upheld and a post-hearing decision scheduled for today).
Samsung could now try to appeal the decision to the Oberlandesgericht Dusseldorf (Higher Regional Court) in another fast-track proceeding there. The main proceeding in the Regional Court will continue whether or not the matter is appealed to a higher court.
FOSS Patents notes that in announcing the decision the judge didn't say "Galaxy Tab 10.1" -- she just said "Galaxy Tab" which likely refers to any current or future models based on that design.
Read More